Lewis v. Clarke
Annotate this CasePlaintiffs filed an action against Defendant alleging that they sustained injuries as a result of Defendant’s negligence. The accident underlying Plaintiffs’ claims occurred while Defendant was acting within the scope of his employment with the Mohegan Tribal Gaming Authority. Defendant filed a motion to dismiss the complaint, asserting that the trial court lacked subject matter jurisdiction because he was entitled to tribal sovereign immunity on Plaintiffs’ claims. The trial court denied Defendant’s motion to dismiss on the basis that Plaintiffs sought money damages from Defendant personally, not from the Authority. The Supreme Court reversed, holding that the doctrine of tribal sovereign immunity extended to Plaintiffs’ claims against Defendant because Defendant was an employee of the Mohegan Tribe and was acting within the scope of his employment when the accident occurred.
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