The Flandreau Santee Sioux Tribal Court of Appeals has ruled in favor of the Flandreau Santee Sioux Tribe ("FSST") in the matter of John R. Sivesind v. Flandreau Santee Sioux Tribe. In a unanimous decision, the Court reaffirmed the Tribe's sovereign immunity and dismissed breach of contract claims brought against the Tribe.
The Court reversed the lower court's ruling, which had denied FSST's motion to dismiss. The case centered around whether a contract provision designating the Tribal Court as the forum for disputes constituted a waiver of sovereign immunity. The Court held that neither the contract nor the accompanying Tribal Council resolution contained a clear and express affirmative declaration waiving the Tribe's sovereign immunity, a fundamental principle that protects federally recognized Indian tribes from lawsuits unless expressly waived.
Partners Tim Hennessy and Greg Narvaez of Peebles Bergin Schulte & Robinson LLP represented FSST in the case.