Teesateskie v. Eastern Band of Cherokee Indians Minors Fund

OPINION

Steve Testateskie, Jr., and the other members of the plaintiff class (collectively “plaintiff’), appeal from the trial court’s order dismissing their claims against the Eastern Band of Cherokee Indians, the individual trustees, and Chief Michell Hicks (collectively “defendants”). Defendants filed a motion to dismiss plaintiffs claims. The trial court granted defendants’ motion to dismiss based on Rule 12(b)(1) of the N.C. Rules of Civil Procedure due to the Eastern Band of Cherokee Indians’ (hereinafter “EBCI”) tribal sovereign immunity and on Rule 12(b)(6) due to the individual…