Supreme Court of the United States · Official docket →
Poarch Band of Creek Indians, et al. v. Casey Marie Wilkes, et al.
Paid petition · Supreme Court of Alabama, No. 1151312 · judgment October 3, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
“Indian tribes are domestic dependent nations that exercise inherent sovereign authority.” Michigan v. Bay Mills Indian Cmty., 134 S. Ct. 2024, 2030 (2014) (quotation marks omitted). This Court recently reaffirmed the principle that “[a]mong the core aspects of sovereignty that tribes possess . . . is the common-law immunity from suit traditionally enjoyed by sovereign powers.” Id. Accordingly, this Court “ha[s] time and again treated the doctrine of tribal immunity [as] settled law and dismissed any suit against a tribe absent congressional authorization (or waiver).” Id. at 2030–31 (second brackets in original). This case involves an automobile accident between respondents and an employee of a casino that is an instrumentality of petitioner Indian tribe. Respondents sued the tribe and casino in state court. Acknowledging that it was creating a split, and disregarding this Court’s numerous tribal immunity decisions, the Alabama Supreme Court held that “the doctrine of tribal sovereign immunity affords no protection to tribes with regard to tort claims asserted against them by non-tribe members.” The decision below conflicts with holdings of at least four federal circuits and six state supreme courts. The question presented is: Whether an Indian tribe is immune from civil liability for tort claims asserted by non-members.
Counsel of record
For petitioner
Adam Howard Charnes
Kilpatrick Townsend
For respondent
Jennifer A. MacLean
Perkins Coie LLP
Proceedings
- Jun 24 2019Petition DENIED.
- Jun 07 2019Second supplemental brief of petitioners Poarch Band of Creek Indians, et al. filed. (Distributed)
- Jun 05 2019Supplemental brief of petitioners Poarch Band of Creek Indians, et al. filed. (Distributed)
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 04 2019Supplemental brief of respondents Casey Marie Wilkes, et al. filed. (Distributed)
- May 21 2019Brief amicus curiae of United States filed.
- Oct 01 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 26 2018Reply of petitioners Poarch Band of Creek Indians, et al. filed.
- Jun 08 2018Brief of respondent Casey Marie Wilkes, et al. in opposition filed.
- Apr 24 2018Motion to extend the time to file a response is granted and the time is extended to and including June 8, 2018.
- Apr 17 2018Motion to extend the time to file a response from May 7, 2018 to June 8, 2018, submitted to The Clerk.
- Apr 05 2018Response Requested. (Due May 7, 2018)
- Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
- Mar 26 2018Brief amici curiae of Indian Law Scholars filed.
- Mar 26 2018Brief amicus curiae of United South and Eastern Tribes, Inc. filed.
- Mar 20 2018Waiver of right of respondents CASEY WILKES, et al. to respond filed.
- Feb 16 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)
- Jan 26 2018Application (17A626) granted by Justice Thomas extending the time to file until March 2, 2018.
- Jan 18 2018Application (17A626) to extend further the time from February 1, 2018 to March 2, 2018, submitted to Justice Thomas.
- Dec 12 2017Application (17A626) granted by Justice Thomas extending the time to file until February 1, 2018.
- Dec 08 2017Application (17A626) to extend the time to file a petition for a writ of certiorari from January 1, 2018 to February 1, 2018, submitted to Justice Thomas.