Douglas Indian Association v. Central Council of Tlingit and Haida Tribes of Alaska

OPINION

BOLGER, Justice.

I. INTRODUCTION

Under the doctrine of tribal sovereign immunity, an Indian tribe is immune from suit unless ■ Congress has' authorized the suit or the tribe has waived its immunity. Relying on this doctrine, the superior court dismissed a complaint by Douglas Indian Association against Central Council of Tlingit and Haida Indian Tribes of Alaska and two Central Council officials. Douglas now argues that the superior court’s action was premature because sovereign immunity is an affirmative defense that should be resolved following discovery. But the federal courts…