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Legal Opinion · Concurrence

Kelly v. Poarch Band of Creek Indians

Supreme Court of Alabama

Decided May 23, 2014No. 1121411Published

1ConcurrenceMoore, Chief Justice

Because the Poarch Band of Creek Indians and PCI Gaming Authority d/b/a Creek Casino Montgomery (hereinafter referred to collectively as “PBCI”) do not have a clear legal right to sovereign immunity in an Alabama state court from a dram-shop action, I concur in denying their petition for a writ of mandamus. I write separately to examine the law on this question of first impression.

I.Facts and Procedural History

On August 8, 2011, shortly after leaving Creek Casino Montgomery, a casino operated on land owned by the Poarch Band of Creek Indians, Elfago Ramirez crossed the centerline on Wares…

2Cases cited28 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. United States v. KingSupreme Court of the United States · 1969
  3. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  4. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  5. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991

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