La Plante v. Mohegan Tribal Gaming Authority

MEMORANDUM OF DECISION DEFENDANT’S MOTION TO DISMISS

WILSON, Judge.

This case involves two important questions concerning the sovereign immunity of The Mohegan Tribe of Indians of Connecticut: (1) whether the Tribe has waived its immunity from suit for damages by a former employee whose due process rights were found to have been violated after his termination and during the process of his appeal from that termination; and (2) whether the Indian Civil Rights Act *594(“ICRA”) abrogated the tribe’s immunity from such suit. The Defendant has moved to dismiss.

I

This case is a civil action for damages…