Seneca Telephone Co. v. Miami Tribe of Oklahoma
2011 OK 15
| Okla. | 2011Background
- Seneca Telephone sues the Miami Tribe (White Loon) for four excavation-related damages to underground lines on Shawnee land.
- Tribe is a wholly owned tribal enterprise; defendants assert tribal sovereign immunity.
- Four small-claims judgments totaling $13,648.93 plus $34,655.09 in attorney fees were entered against Tribe.
- Oklahoma Court of Civil Appeals relied on preemption analysis under Rice v. Rehner to affirm jurisdiction under UFDPA.
- Supreme Court of Oklahoma reverses, holds no tribal waiver of immunity; dismisses and remands with instructions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tribal sovereign immunity bars suit in Oklahoma courts. | Seneca argues immunity is waived by state statute and activity not immune. | Tribe asserts immunity applies to torts; no unequivocal waiver exists. | Immunity applies; dismissal affirmed. |
| Is Congress authorization under the UFDPA or other statutes required to permit suit against Tribe in state court? | UFDPA enables state jurisdiction over telecom-related torts on tribal land. | Congress did not authorize suit against Tribe for these torts. | Congress did not authorize; no jurisdiction. |
| Does Kiowa Tribe v. Manufacturing Technologies require a waiver for tribal immunity in tort cases against tribal commercial entities? | Kiowa supports liability where immunity may be waived or not applicable. | Kiowa reinforces immunity unless unequivocal waiver exists. | Kiowa supports immunity; no waiver found. |
| Should the court have applied UFDPA to reach jurisdiction over the Tribe? | UFDPA applies and authorizes state jurisdiction over Tribe's acts. | UFDPA does not authorize suit against Indian tribes in this context. | Preemption not established; immunity controls. |
| What is the appropriate remedy given no waiver of immunity? | Seneca seeks relief from Tribe's conduct. | Immunity bars relief; should dismiss. | Dismissal with remand for dismissal. |
Key Cases Cited
- Kiowa Tribe of Oklahoma v. Manufacturing Technologies, 523 U.S. 751 (1998) (tribal immunity applies unless Congress authorizes suit or tribe waives)
- Rice v. Rehner, 463 U.S. 713 (1983) (preemption analysis balancing federal/tribal interests)
- Bittle v. Bahe, 192 P.3d 810 (2008) (waiver must be unequivocal)
- Cook v. AVI Casino Enterprises, Inc., 548 F.3d 718 (2008) (tribal corporations as arms of tribe enjoy immunity)
- C & L Enterprises, Inc. v. Citizen Band Potawatomi Indian Tribe of Okla., 532 U.S. 411 (2001) (unequivocal waiver required for tribal immunity to be breached)
- White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) (federal-applied limits on regulation of tribal activities)