Douglas Indian Association v. Central Council of Tlingit & Haida Tribes of AlaskaAnnotate this Case
The superior court dismissed a complaint by Douglas Indian Association against Central Council of Tlingit and Haida Indian Tribes of Alaska and two Central Council officials on tribal sovereign immunity grounds. Douglas argued the superior court’s action was premature because sovereign immunity was an affirmative defense that should be resolved following discovery. The Alaska Supreme Court found federal courts recognizing tribal sovereign immunity is a jurisdictional bar that may be asserted at any time, and the Alaska Court agreed with this basic principle. "Immunity is a core aspect of tribal sovereignty that deprives our courts of jurisdiction when properly asserted." The Court therefore affirmed the superior court’s order dismissing the complaint.