Lewis v. Clarke

2017 United States Supreme Court case

Lewis v. Clarke

Supreme Court of the United States

Argued January 9, 2017
Decided April 25, 2017
Full case name| Brian Lewis, et al., Petitioners v. William Clarke
Docket no.| 15-1500
Citations| 581 U.S. ___ (more)

137 S. Ct. 1285; 197 L. Ed. 2d 631

Opinion announcement| Opinion announcement
Case history
Prior| 320 Conn. 706, 135 A.3d 677 (2016); cert. granted, 137 S. Ct. 31 (2016).
Holding
Tribal sovereign immunity does not extend to suits against a tribal employee acting in his individual capacity. Supreme Court of Connecticut reversed and remanded.
Court membership

Chief Justice
John Roberts
Associate Justices
Anthony Kennedy * Clarence Thomas
Ruth Bader Ginsburg * Stephen Breyer
Samuel Alito * Sonia Sotomayor
Elena Kagan * Neil Gorsuch
Case opinions
Majority| Sotomayor, joined by Roberts, Kennedy, Breyer, Alito, Kagan
Concurrence| Thomas (in judgment)
Concurrence| Ginsburg (in judgment)
Gorsuch took no part in the consideration or decision of the case.

Lewis v. Clarke, 581 U.S. ___ (2017), is a case in which the Supreme Court of the United States ruled 8–0 that tribal sovereign immunity does not apply in a suit against a tribal employee in his individual capacity, and an indemnification provision cannot extend tribal sovereign immunity to cases in which it would otherwise not apply. Justice Sonia Sotomayor delivered the majority opinion. Justice Clarence Thomas and Justice Ruth Bader Ginsburg each wrote concurring opinions that both said that tribal sovereign immunity does not apply in suits arising from commercial activity off of tribal territory. Justice Neil Gorsuch was not involved in the discussion or decision of this case.[1]

## References[edit]

1. ^ "Lewis v. Clarke". Oyez. Chicago-Kent College of Law. Retrieved May 4, 2017.

## External links[edit]

* Text of Lewis v. Clarke, 581 U.S. ___ (2017) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)

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