Summer 2002

judge

Native American Legal Briefs:

--Jurisdiction of the Mohegan Gaming Disputes Court--
--Sovereign Immunity--

Connecticut Supreme Court Rules There Is No Subject Matter Jurisdiction In State Court In Personal Injury Case Brought Against The Mohegan Sun Casino

I n April, 2002, the Connecticut Supreme Court dismissed a personal injury case filed in state court against employees of the Mohegan Sun Casino. The case was brought by a patron of the casino who was not Indian against non-Indian employees of the Tribe and the Mohegan Tribal Gaming Authority. The alleged injury occurred on land belonging to the Tribe. The Court found that there was no subject matter jurisdiction in this case, because the proper way to bring the action would have been to bring the case to the Mohegan Gaming Dispute Court.

The Court concluded that

The tribe . . . is a sovereign entity with the authority to create and enforce its own laws. The exercise of jurisdiction by state courts in this type of action would be in direct contradiction to the procedures established and consented to by the tribe after negotiation with the state of Connecticut and the federal government.

Federal Court Dismisses Lawsuit By Native American Mohegans Challenging Mohegan Land Claims Settlement Act

In February of 2002, the Federal District Court of Connecticut dismissed a lawsuit filed by the Native American Mohegans (NAM) against the Mohegan Tribe of Indians of Connecticut, the State of Connecticut, and the federal government. NAM claimed that the Mohegan Nation of Connecticut Land Claims Settlement Act of 1994 is unconstitutional. Alternatively, NAM asked for a declaration from the court that its own land claims had not been eliminated by the Settlement Act. Finally, NAM asked for judicial recognition as a federally recognized tribe.

This case results from a schism between two different factions claiming to be members of the historical Mohegan Tribe. One faction is the Mohegan Tribe of Indians of Connecticut (MTIC), which has benefited from federal recognition and the settlement of the Mohegan Indian land claims. This group operates the Mohegan Sun gambling casino. The other faction, NAM, states that its membership consists of the living descendents of the aboriginal Mohegan Tribe who now follow the leadership of Eleanor Fortin, the successor to John Hamilton. Many of the members do not qualify for membership with the MTIC.

The court ruled that both the State of Connecticut and the MTIC were protected from many of the issues raised in the lawsuit by "sovereign immunity." The Court decided that these parties were not protected, however, from NAM's claim that the Settlement Act was unconstitutional. A provision in the Settlement Act set a 180 day period in which challenges could be brought against the Act. NAM claimed that that period was too short and that it violated NAM's right to due process. The Court disagreed and found that the 180-day period was reasonably related to the legitimate government interest in resolving the Mohegan's land claims. Finally, the Court concluded that it would not reach the issue of whether NAM should be federally recognized since the proper way to address this question was through a ruling from the Bureau of Indian Affairs.