Native American Legal Update

9th Circuit denies immunity for individual tribal employees

In Maxwell v. County of San Diego, the 9th Circuit said there was no reason why tribal immunity should extend to individual tribal employees for "allegedly grossly negligent acts committed outside tribal land pursuant to an agreement with a non-tribal entity."  

The family of a woman shot to death by her sheriff deputy husband brought suit against San Diego County, the Viejas Band of Kumeyaay Indians, and others, claiming that the woman died from a non-life threatening gunshot wound due to unnecessary delays from first responders.  Among the first responders was an ambulance sent by the Viejas Band.  More information and a link to the opinion is available here.

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