Oberloh v. Johnson

OPINION

MUEHLBERG, Judge. *

In this consolidated appeal arising out of two defamation suits against a tribal treasurer, appellant argues that the district court erred by denying summary judgment with respect to his sovereign immunity and absolute privilege defenses. Because appellant is entitled to invoke sovereign immunity for conduct arising out of his official authority as tribal treasurer, we reverse.

FACTS

In 2007, while serving as treasurer of the Lower Sioux Indian Community 1 (the tribe), appellant Loren. Johnson mailed a series of newsletters to tribal members editorializing about…