Friday, June 10, 2011

Tenth Circuit Decides Crowe & Dunlevy v. Stidham - Ex Parte Young Applies to Tribal Courts

The Tenth Circuit's most recent decision involving Indian tribes should give pause to tribal governments everywhere. The Circuit upheld a federal court's injunction against a tribal judge on the basis of Ex Parte Young - a doctrine stating that sovereign immunity is waived for a lawsuit seeking injunctive relief against a government officer for ongoing violations of federal law.