Sovereign Immunity Extends to Casino Workers, Says High Court

Sovereign immunity enjoyed by tribal governments extends to their employees. So ruled the Connecticut Supreme Court in a unanimous ruling. Two people injured in car accident where an employee of the Mohegan Sun drove the car brought the case.

The sovereign immunity normally accorded to tribal governments and their business operations also extends to casino employees, according to the Connecticut Supreme Court.

A limousine driver for the Mohegan Sun was accused of negligence regarding a 2011 accident with another vehicle. The court ruled that the employee could not be sued because he “was acting within the scope of his employment when the accident that injured the two plaintiffs occurred,” wrote Judge Dennis G. Eveleigh for the unanimous seven-member court. Sovereign immunity also extends to state officers on official business.

The court pointed to the previously established doctrine that tribal sovereign immunity extends to tribal officials who are acting in their official capacity. The couple that sued the limousine driver declined to sue in tribal court. The plaintiffs could appeal the case to the U.S. Supreme Court.

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