Court backs sovereign immunity of Amerind Risk Management

Tuesday, February 15, 2011  

Amerind Risk Management Corporation, a federally chartered corporation, enjoys sovereign immunity because it is an arm of tribal government, a split 8th Circuit Court of Appeals ruled today.

Amerind was chartered by three tribes and provides insurance to other tribes and tribal housing authorities. The Bureau of Indian Affairs issued a federal corporate charter to Amerind under 25 U.S.C. § 477.

"Because Amerind is a § 477 corporation that administers a tribal self-insurance risk pool, we hold that Amerind 'serves as an arm of the [charter tribes] and not as a mere business and is thus entitled to tribal sovereign immunity,'" the 8th Circuit said in a 2-1 decision.

The majority further determined that Amerind did not waive its sovereign immunity to a wrongful death and personal injury lawsuit that was filed in the tribal court of the Turtle Mountain Band of Chippewa Indians. The Turtle Mountain Band is not one of Amerind's charter tribes.

Judge Kermit Edward Bye filed a dissent and said Amerind waived its immunity in a contract with the Turtle Mountain Band.

Turtle Talk has posted documents from the case, Amerind v. Malaterre.

8th Circuit Decision:
Amerind Risk Management Corporation v. Malaterre (February 15, 2011)