Judge dismisses lawsuit against Muscogee Nation casino

Monday, March 19, 2012  

A gambling addict cannot sue the Muscogee Nation of Oklahoma for his losses, a federal judge ruled.

Eddie Santana first filed suit in state court. The tribe had the case removed to federal court.

Santana claimed the Class III gaming compact opened the tribe to a lawsuit in a "court of competent jurisdiction." Judge James H. Payne, however, said the tribe did not clearly waive its sovereign immunity.

"As state courts generally lack authority over tribal entities on tribal land, Oklahoma state courts cannot be considered 'courts of competent jurisdiction' under the compact without unambiguous language demonstrating the clear, unequivocal consent of the tribe to the civil-adjudicatory authority of Oklahoma courts," Payne wrote. "The compact contains no such language."

In other cases, the Oklahoma Supreme Court has ruled that tribes can face lawsuits in the state courts.

Turtle Talk posted documents from the case, Santana v. Muscogee (Creek) Nation.

Get the Story:
Gambler Can't Sue Tribe for Big Gambling Losses (Courthouse News Service 3/19)