Law
Seminole Tribe asserts immunity in some cases


The Seminole Tribe of Florida doesn't always raise sovereign immunity in response to lawsuits related to accidents that occur on the reservation.

A tribal lawyer said the tribe has settled 14 out of 22 liability cases within the past 18 months. Cash payments ranging between $100 and $100,000 were made, the lawyer said.

The tribe does assert immunity when it feels a case lacks merit, the lawyer added. That's what happened recently, leading a state judge to criticize the tribe for its stance while dismissing an injury lawsuit.

"The average tourist has no idea that her Florida constitutional rights to access to the courts and to trial by jury do not apply to any claims that may arise while she visits the hotel and casino," the judge wrote in the June 15 opinion [PDF]. "The Tribe itself does not post warnings that its tourist attraction is exempt from these basic Florida constitutional protections."

Get the Story:
Judge decries Indian immunity in civil case (Knight Ridder Newspapers 7/26)
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Relevant Links:
Seminole Tribe - http://www.seminoletribe.com

Related Stories:
Florida judge critical of tribe in immunity case (07/05)