Pueblo Governor protected by sovereign immunity

Santa Ana Pueblo, N.M. officials were vindicated in a federal appeals court decision over a sovereign immunity issue involving a non-Native couple who accused them of discrimination and civil rights violations on land the couple leased from the tribe.

Bob and Sue Burrell had been awarded a $1 million settlement after a lower court jury found the Pueblo officials guilty of discriminating against them in a conflict that began over noise from a farm operation and that evolved into years of litigation. But the 10th U.S. Circuit Court of Appeals said the Pueblo’s governor enjoyed sovereign immunity, a status the courts already granted the lieutenant governor.

A tribe’s sovereign immunity “generally immunizes tribal officials from claims made against them in their individual capacities” and the issue “hinges on the breadth of official power that the official enjoys” and not on whether the official allegedly uses that power wrongfully, it said.

In earlier court proceedings, Lawrence Montoya, the pueblo’s lieutenant governor, had been found to have sovereign immunity, but Armijo did not, and the 10th Circuit Court of Appeals in its April 27 ruling extended immunity to him.

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0 Responses to Pueblo Governor protected by sovereign immunity

  1. Thanks for the update.I wasn’t aware of this issue with regard to sovereign immunity before reading this post.I hope this power of sovereign immunity is properly exercised by the tribes.Having said that,i did not understand the parameters that is used to judge who should possess it and who should not.Look forward to hearing from you soon again.

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