Ninth Circuit Court Sets Precedence With Shingle Springs Band of Miwok Indians Case

PLACERVILLE, CA--(Marketwired - August 09, 2016) - Yesterday, the Ninth Circuit held in a precedential opinion that the Shingle Springs Band of Miwok Indians did not waive its sovereign immunity by removing into federal court a state court dispute brought by a former employee of the Shingle Springs Band of Miwok Indians' Health and Wellness Center.

Following the Eleventh Circuit, the panel held that the act of removal does not express the clean and unequivocal waiver that is required for a tribe to relinquish its immunity.

While the case itself will still be tried, this landmark decision is a monumental win for tribal sovereignty.

"We are thrilled with the Ninth Circuit's decision issued Monday," said Nicholas Fonseca, Chairman of the Shingle Springs Band of Miwok Indians. "This decision provides important, much needed clarity to all of Indian country. It is very significant that a tribe can remove a case to federal court without waiving its sovereign immunity."

-Shingle Springs Band of Miwok Indians-