Civil Litigation on Tribal Land Very Difficult

Randy Walton

Contributor

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Today's Wall Street Journal online has on the difficulties plaintiffs have suing for personal injury damages that occurred on tribal land. San Diego is surrounded by tribal lands, and with the rapid development of those lands, primarily in the form of casinos and hotels, litigation by non-tribal members for matters that occur on Indian tribal land is on the rise.

In civil matters, it is the tribes that are in control. Many tribes claim some form of sovereign immunity, meaning they can't be sued in state, federal or tribal court. Even when tribes waive these rights, as those with significant commercial interests typically do, litigants are funneled into the tribal justice system.

Of the nation's 560 federally recognized tribes, only 275 have court systems. If the case can even be heard, tribes often sharply limit potential damages. And tribes often have close links to businesses that might be sued -- especially casinos. Such connections would be considered a conflict of interest in a regular U.S. court.