Federico v. Capital Gaming International, Inc.

888 F. Supp. 354, 1995 U.S. Dist. LEXIS 8825, 1995 WL 373533
CourtDistrict Court, D. Rhode Island
DecidedJune 20, 1995
DocketCiv. A. 95-0248P
StatusPublished
Cited by11 cases

This text of 888 F. Supp. 354 (Federico v. Capital Gaming International, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federico v. Capital Gaming International, Inc., 888 F. Supp. 354, 1995 U.S. Dist. LEXIS 8825, 1995 WL 373533 (D.R.I. 1995).

Opinion

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

The Defendant Narragansett Tribe of Indians (the “Tribe”) moves to dismiss the action filed against it on the grounds that the Tribe has sovereign immunity from suit.

I.

The plaintiff alleges that defendants agreed to pay plaintiff fifty thousand ($50,-000.00) dollars for legislative lobbying services to be performed during the year 1994. The parties allegedly set a payment schedule whereby defendants would pay four thousand one hundred sixty-six and 67/100 dollars ($4,166.67) each month. According to the plaintiff, the defendants failed to make payments in November and December. Plaintiff therefore demands judgment in the amount of eight thousand three hundred thirty-three and 34/100 dollars ($8,333.34), plus interest, costs, and reasonable attorneys’ fees.

II.

As noted in Davids v. Coyhis, “[o]ur judicial system has long and consistently recognized Indian tribes as ‘distinct, independent political communities’ that ‘retain[ ] their original natural rights’ to exercise self-government.” 869 F.Supp. 1401, 1405 (E.D.Wis.1994) (citing Santa Clara Pueblo v. Martinez, 436 U.S. 49, 55, 98 S.Ct. 1670, 1675, 56 L.Ed.2d 106 (1978) (additional citations omitted)). Although their powers of self-government have been limited in some respects, “the tribes remain independent, self-governing political entities.” Davids, 869 F.Supp. at 1406 (citation omitted).

One aspect of this power of self-government is that “[flederally recognized Indian tribes enjoy sovereign immunity from suit.” Pit River Home and Agric. Co-op Ass’n v. United States, 30 F.3d 1088, 1100 (9th Cir.1994). The First Circuit has firmly established that the Narragansett Indian Tribe has been federally recognized as a tribe that enjoys “a government-to-govemment relationship to the United States.” Maynard v. Narragansett Indian Tribe, 984 F.2d 14, 16 n. 3 (1st Cir.1993). The Tribe, therefore, possesses “the common-law immunity from suit traditionally enjoyed by sovereign powers.” Maynard, 984 F.2d at 15 (quoting Santa Clara Pueblo, 436 U.S. at 58, 98 S.Ct. at 1677 (additional citations omitted)).

It is well-settled that a tribe may waive sovereign immunity or may have its sovereign immunity abrogated by Congress, but any such relinquishment “cannot be implied but must be unequivocally expressed.” Maynard, 984 F.2d at 15 (quoting United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 953-54, 47 L.Ed.2d 114 (1976) (additional citations omitted)).

III.

In his Objection to the Motion to Dismiss, the plaintiff argues that tribal sovereign immunity does not apply in this case because “the facts in the present case do not relate to *356 the rights of Defendant to manage its own property.” Plaintiff stresses that he “was retained by Defendants to assist them in achieving qualifying status to conduct Class III gaming operations on tribal lands.” Pl.’s Mem. in Support of his Objection to Def., Narragansett Tribe of Indians’ Mot. to Dismiss at 2. Plaintiff argues that the Tribe waived its immunity by retaining “a citizen of the State,” an active lobbyist, to assist the tribe in achieving qualifying status, pursuant to the Gaming Act, “to conduct Class III Gaming.” Pl.’s Mem. in Support of his Objection to Def., Narragansett Tribe of Indians’ Mot. to Dismiss at 3-4. Plaintiff reasons that immunity must have been waived because “[t]o permit the Tribe to walk away from a contract for the provision of legislative services within the State of Rhode Island would be equivalent to allowing the Tribe to abrogate unilaterally a contract by a Rhode Island vendor for the delivery of any type of goods or service to the Tribe, totally unrelated to the conduct of Tribal affairs or the management of Tribal land.” Pl.’s Mem. in Support of his Objection to Def., Narragansett Tribe of Indians’ Mot. to Dismiss at 4.

Thus, plaintiff asserts, explicitly or implicitly, five lines of reasoning: (1) the power of self-government retained by the Tribe does not encompass sovereign immunity from a suit for breach of contract because a lack of such immunity will not affect the Tribe’s ability to govern its own peoples and territories; (2) the Tribe engaged in commercial activity with a non-Indian citizen of the United States and thereby waived immunity; (3) the contract indirectly concerned the IGRA and Class III Gaming and therefore constitutes a waiver of immunity; (4) the Tribe should not be immune from suit because immunity from suit in United States courts would mean that the Tribe could breach contracts with impunity; (5) tribal sovereign immunity is not fair to the plaintiff who allegedly rendered services for which he was not compensated.

Plaintiffs first argument, that sovereign immunity in this case does not relate to the right of the Tribe to manage its own property, is illogical. Subjecting a sovereign entity to suit without its consent necessarily interferes with the sovereign’s ability to manage its own affairs and maintain control over its public funds, territories, and peoples. As the Supreme Court has observed, a tribe’s immunity from suit “is a necessary corollary to Indian sovereignty and self-governance.” Three Affiliated Tribes v. Wold Engineering, 476 U.S. 877, 890, 106 S.Ct. 2305, 2313, 90 L.Ed.2d 881 (1986). The Tenth Circuit has recognized that “the point of sovereign immunity [from suit] is the power of self-determination.” Sac and Fox Nation v. Hanson, 47 F.3d 1061, 1064 (10th Cir.1995).

Contrary to plaintiffs second argument, “a waiver of sovereign immunity cannot be inferred from [an Indian] Nation’s engagement in commercial activity.” Sac and Fox Nation, 47 F.3d at 1063 (finding that tribe was immune from suit in state court although suit resulted from commercial activity engaged in by the tribe outside of the nation’s reservation). See also Davids, 869 F.Supp. at 1408 (although plaintiffs argue that tribes waive immunity with regard to compliance with the IGRA’s provisions by engaging in gaming regulated by the IGRA, court is constrained by “Supreme Court precedent ... from finding an unequivocal expression of a waiver of tribal sovereign immunity through inference from a tribe’s actions”); Oklahoma Tax Comm’n v. Citizen Band Potawatomi Indian Tribe of Ok., 498 U.S. 505, 509, 111 S.Ct. 905, 909, 112 L.Ed.2d 1112 (1991) (although tribe consents to court’s jurisdiction over claims brought by it, that consent does not waive sovereign immunity for counterclaims brought against it); Maynard,

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Bluebook (online)
888 F. Supp. 354, 1995 U.S. Dist. LEXIS 8825, 1995 WL 373533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federico-v-capital-gaming-international-inc-rid-1995.