Cases that might not have filed or gone forward at all against employees of tribal business operations because of fears that sovereign immunity would stop them in their tracks could be shaken lose by the recent U.S. Supreme Court case decision in Lewis v. Clarke.
Justices ruled that employees of a tribe carrying out duties for the tribe—but off the reservation—could be personally sued for damages, and not rely on sovereign immunity to protect them.
Attorney John David Franz, interviewed by the McAllen Monitor said that the decision will help persons injured in a bus crash in Texas that was allegedly caused by a third party connected to the Kickapoo Tribe, but not employed directly by it. Nine people perished and 43 were injured in that crash that occurred a year ago. The bus was traveling to the Kickapoo Lucky Eagle Casino.
“It was my impression that at some point the claims against the casino would be dismissed based on the law, but now with the Supreme Court opinion, though, I think the door is definitely open for us to proceed,” he said.
