Mother appeals lawsuit over death linked to Poarch Creek casino

Friday, March 28, 2014  

A woman whose son was killed in an accident says the driver was over-served liquor at a casino owned by the Poarch Band of Creek Indians.

Amada Harrison is asking the Alabama Supreme Court to hold the tribe liable for her son's death. He was a passenger in a car that was involved in a high-speed chase with tribal police officers.

Benjamin Harrison and the driver, Roil Lamar Hadley Jr., were at the Wind Creek Casino prior to the chase and the accident in March 2013. A judge ruled that the tribe couldn't be sued under the state's dram shop law due to sovereign immunity.

Amada Harrison, however, claims the tribe lacks federal recognition. She appears to be basing her case on the U.S. Supreme Court decision in Carcieri v. Salazar.

The decision had nothing to do with federal recognition, only whether certain federally recognized tribes can follow the land-into-trust process. Nonetheless, Harrison claims the Poarch Creeks were not properly recognized.

Get the Story:
Mother appeals court ruling that Poarch Creeks have immunity in lawsuit over son's death (ALLive 3/28)
Family challenges Poarch Band's immunity in appeal to Alabama Supreme Court (The Montgomery Advertiser 3/28)