Atkinson v. Haldane

I dissent from the majority opinion in this case. Although the courts and the commentators provide little support for my position, I believe that the outmoded doctrine of sovereign immunity is inapplicable in this case, and that the motion for summary judgment was improperly granted.

Title 28 U.S.C. § 1360(a)1 confers jurisdiction on Alaskan courts over civil causes *176of action to which Indians are parties which arise in Indian country. Since this case falls within that category, the Alaskan courts have jurisdiction to determine whether, the doctrine of sovereign immunity bars this action. To…