Law

APRN: Alaska Supreme Court backs village in immunity suit





"On Friday the Alaska Supreme court agreed with a lower court and upheld Alaska tribal government sovereignty. The attorney who argued the failed challenge says such tribal immunity doesn’t legally exist.

The case was brought by a contractor, Michael McCrary against the Ivanof Bay Village tribe and its president Ed Shangin. McCrary attempted to sue over disputed contract funds and the superior court dismissed the suit based on the Ivanof Bay Village tribe’s sovereign immunity. Federal, state and tribal governments can claim sovereign immunity from lawsuits. McCrary appealed the sovereignty ruling, arguing that Ivanof Bay Village is not really a federally recognized tribe. Heather Kendall Miller defended the tribe.

“And the court rejected that. Said, look, we’ve got all these cases from the federal court affirming tribal recognition by secretary, we’ve got congress likewise, affirming that authority and you’ve given us no basis for changing out views in John V Baker that federal recognition of tribes in Alaska has occurred,” Kendall-Miller said."

Get the Story:
Court Upholds Alaska Tribal Government Sovereignty (Alaska Public Radio Network 12/13)

Alaska Supreme Court Decision:
Michael McCrary v. Ivanof Bay Village (December 9, 2011)

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