Further, whether Congress or the tribe waives immunity, the waiver cannot be implied but must be unequivocally expressed. As a necessary corollary, and contrary to Appellant's assertion, tribal courts do not have the authority to waive tribal sovereign immunity, in the interest of justice of otherwise. Tribal sovereign immunity may be abrogated in one of only two ways: Congress may waive the tribe's immunity or the tribe itself may do so. 1986), and to commercial activities of the tribe, Kiowa Tribe v. Oglala Sioux Housing Authority, 797 F.2d 668 (8th Cir. This immunity extends to agencies of the tribe, Weeks Construction. It is well‑established law that Indian tribes enjoy the sovereign's common‑law immunity from suit. Appellant appeals from that dismissal challenging the validity of the 'immunity statutes'. In its Decemorder, the trial court dismissed the case against defendants Muckleshoot Indian Tribe, Muckleshoot Casino, Muckleshoot Gaming Commission, and Muckleshoot Enterprises on sovereign immunity grounds. Kerr to perfect her appeal by submitting a short statement of the reasons or grounds for her appeal pursuant to Muckleshoot Tribal Code § 9.03.01(b). On January 26, 2001, prior to accepting or denying Ms. Kerr appeals from the Decemtrial court Order on Motion to Dismiss, which granted Appellee Tribe's motion to dismiss. This matter came before the Muckleshoot Tribal Court of Appeals pursuant to a timely Notice of Appeal filed by Lana Kerr on December 26, 2000. Ruling of trial court affirmed.īefore: Lawrence Numkena, Chief Justice Darwin S. Trial court held that plaintiff’s claims, including claim for wrongful discharge, are barred by tribal sovereign immunity. Muckleshoot Indian Tribe, dba Muckleshoot Casino, Muckleshoot Gaming Commission, and Muckleshoot Gaming Enterprises, Appellee/Respondent. IN THE MUCKLESHOOT TRIBAL COURT OF APPEALS

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