Lewis v. Clarke, 581 U.S. ___ (2017), is a case in which the Supreme Court of the United States ruled 8–0 that tribal sovereign immunity does not apply in a suit against a tribal employee in his individual capacity, and an indemnification provision cannot extend tribal sovereign immunity to cases in which it would otherwise not apply. Justice Sonia Sotomayor delivered the majority opinion. Justice Clarence Thomas and Justice Ruth Bader Ginsburg each wrote concurring opinions that both said that tribal sovereign immunity does not apply in suits arising from commercial activity off of tribal territory. Justice Neil Gorsuch was not involved in the discussion or decision of this case.[1]

Lewis v. Clarke
Argued January 9, 2017
Decided April 25, 2017
Full case nameBrian Lewis, et al., Petitioners v. William Clarke
Docket no.15-1500
Citations581 U.S. ___ (more)
137 S. Ct. 1285; 197 L. Ed. 2d 631
Opinion announcementOpinion announcement
Case history
Prior320 Conn. 706, 135 A.3d 677 (2016); cert. granted, 137 S. Ct. 31 (2016).
Holding
Tribal sovereign immunity does not extend to suits against a tribal employee acting in his individual capacity. Supreme Court of Connecticut reversed and remanded.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
MajoritySotomayor, joined by Roberts, Kennedy, Breyer, Alito, Kagan
ConcurrenceThomas (in judgment)
ConcurrenceGinsburg (in judgment)
Gorsuch took no part in the consideration or decision of the case.

References

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  1. ^ "Lewis v. Clarke". Oyez. Chicago-Kent College of Law. Retrieved May 4, 2017.
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