Legal Opinion

Vann v. Kempthorne

Court of Appeals for the D.C. Circuit

Decided July 29, 2008No. 17-7141PublishedCited by 50 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The issue on appeal is the extent to which sovereign immunity protects a federally recognized Indian tribe and its officers against suit. For the reasons that follow, we hold that the suit may proceed against the tribe’s officers but not against the tribe itself.

I

The Cherokee Nation shares with the United States a common stain on its history: the Cherokees owned African slaves. At the end of the Civil War, during which the tribe sided with the Confederacy, the Cherokee Nation and the United States entered into a…

2Cases cited48 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996

43 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. United States v. Christopher FrazierCourt of Appeals for the Sixth Circuit · 2005
  2. Green Valley Special Util Dist v. Donna Nelson, etCourt of Appeals for the Fifth Circuit · 2020
  3. Crowe & Dunlevy, P.C. v. StidhamCourt of Appeals for the Tenth Circuit · 2011
  4. State of Alabama v. PCI Gaming AuthorityCourt of Appeals for the Eleventh Circuit · 2015
  5. Sheils v. Bucks County Domestic Relations SectionDistrict Court, E.D. Pennsylvania · 2013

45 more not listed; retrieve them via the Exa API.

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