Narragansett Indian Tribe v. Rhode Island Department of Transportation, No. 17-1951 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s dismissal of the complaint filed by the Narragansett Indian Tribe against federal and Rhode Island agencies concerning a highway bridge reconstruction over historic tribal land, holding that the Tribe’s claim was not the type of claim federal courts may adjudicate.
The Tribe filed suit in federal district court alleging breach of contract and seeking declaratory and injunctive relief. The heart of the Tribe’s claim contended that the state of Rhode Island broke a promise made to the Tribe. The district court granted Defendants’ motions to dismiss, concluding (1) as to the federal defendants, none of the three statutes identified in the complaint waived the federal government’s sovereign immunity as to the Tribe’s claims; and (2) as to the state defendants, the Tribe alleged no basis to support the court’s exercise of jurisdiction. The First Circuit affirmed, holding (1) the National Historic Preservation Act does not waive the federal government’s sovereign immunity in connection with the bringing of this suit; and (2) as to the state agencies, the complaint lacked any basis for federal subject matter jurisdiction.