519 F. App'x 27
2d Cir.2013Background
- Tassone sued Foxwoods Resort Casino and Mashantucket Pequot Indian Tribe in district court on multiple claims, including RICO.
- Defendants moved to dismiss under Rule 12(b)(1) for lack of subject-matter jurisdiction.
- District court held that it lacked jurisdiction due to sovereign immunity of the tribe and its entities.
- The Second Circuit reviews de novo Rule 12(b)(1) dismissals and addresses tribal immunity standards.
- Tribal immunity applies unless Congress abrogates or the tribe waives immunity; immunity also applies to subdivisions of the tribe.
- Court affirms district court’s dismissal based on lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court lacked subject-matter jurisdiction due to tribal immunity. | Tassone claims waivers/abrogation exist. | Foxwoods and Tribe argue immunity bars suit. | District court lacked jurisdiction; dismissed. |
| Whether Nevada v. Hicks/Strate oppose applying immunity to non-members suing tribes. | Hicks/Strate support tribal court jurisdictions over non-members. | These cases concern tribal courts, not federal/state suits by non-members. | Those cases do not authorize non-members to sue tribes in federal court; immunity stands. |
Key Cases Cited
- Kiowa Tribe of Okla. v. Mfg. Techs., Inc., 523 U.S. 751 (1998) (clear waiver or congressional abrogation required to abrogate immunity)
- C&L Enters., Inc. v. Citizen Band Potawatomi Indian Tribe of Okla., 532 U.S. 411 (2001) (tribal immunity requires explicit relinquishment)
- Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000) (tribal immunity extends to tribal subdivisions and enterprises)
- Chayoon v. Chao, 355 F.3d 141 (2d Cir. 2004) (tribal immunity applies to arms/subdivisions of the tribe)
- Worall v. Mashantucket Pequot Gaming Enter., 131 F. Supp. 2d 328 (D. Conn. 2001) (district court on tribal immunity considerations)
- Nevada v. Hicks, 533 U.S. 353 (2001) (tribal court jurisdiction over non-members; not about suit in federal court)
- Strate v. A-1 Contractors, 520 U.S. 438 (1997) (tribal sovereignty considerations in jurisdictional analysis)
- Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326 (2d Cir. 1997) (de novo review standard for Rule 12(b)(1) dismissals)
- Makarova v. United States, 201 F.3d 110 (2d Cir. 2000) (jurisdictional dismissal requires proper statutory/constitutional power)