State court affirms Stockbridge-Munsee sovereign immunity

Wednesday, February 15, 2012  

A business owned and operated by the Stockbridge-Munsee Community enjoys sovereign immunity, a Wisconsin Court of Appeals ruled on Tuesday.

The tribe purchased the Pine Hills Golf Course and Supper Club in 1993. It was declared a "subordinate organization and economic enterprise" under the tribal constitution in 1996.

For those reasons, it enjoys the same sovereign immunity as the tribe, the Third District Court of Appeals concluded. That means Robert and Mary Koscielak cannot sue the tribe for an alleged slip and fall at the business.

The tribe purchased general liability coverage from First Americans Insurance Group. to cover claims that might arise at the business. The policy doesn't contain a waiver of immunity, the court noted.

Turtle Talk has posted documents from the case, Koscielak v. Stockbridge-Munsee Community.

Get the Story:
Court blocks injury lawsuit against tribe (The Shawano Leader 2/14)

Wisconsin Court of Appeals Decision:
Koscielak v. Stockbridge-Munsee Community (February 14, 2012)