Bodi v. Shingle Springs Band of Miwok Indians, No. 14-16121 (9th Cir. 2016)
Annotate this CasePlaintiff, a member of the Tribe, filed suit against the Tribe in California state court for employment-related claims. The Tribe timely removed to district court and then moved to dismiss based on tribal immunity. The district court denied the motion based on the ground that the Tribe unequivocally waived its immunity by removing the action to federal court. The court followed the Eleventh Circuit and held that the act of removal does not express the clear and unequivocal waiver that is required for a tribe to relinquish its immunity from suit. Accordingly, the court reversed and remanded for further proceedings.
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Court Description: Indian Law The panel reversed the district court’s denial of a motion to dismiss claims under the Family and Medical Leave Act and California law on the ground of tribal sovereign immunity. Following the Eleventh Circuit, the panel held that a federally recognized Indian tribe does not waive its sovereign immunity from suit by exercising its right to remove to federal court a case filed against it in state court. The panel concluded that the act of removal does not express the clear and unequivocal waiver that is required for a tribe to relinquish its immunity. The panel remanded the case, leaving it to the district court to address on remand any remaining immunity issues.
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