DocketNumber: No. 466939
Citation Numbers: 2002 Conn. Super. Ct. 12899
Judges: BLUE, JUDGE.
Filed Date: 10/8/2002
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff, who is incarcerated, has brought this action pro se. His complaint consist of eight handwritten pages. Some of the handwriting is illegible, and the legal claims made in the complaint are unintelligible or nearly so. Indeed, it is difficult to tell who or what the defendant is, since he (or they or it) is described in the summons as "Brown Mark Mohegan Tribe + Casino et al. The Mohegan Tribe." On July 15, 2002, service was made on the Chief Legal Counsel for the Tribe. On July 30, 2002, counsel appeared for "all defendants." On August 23, 2002, "the defendants," whoever (or whatever) they are, filed the motion to dismiss now before the court. The motion was argued on October 7, 2002.
As mentioned, the complaint itself is nearly unintelligible. The gravamen of the plaintiffs claim seems to be that he is entitled to membership in the Mohegan Tribe but has been denied that membership. The plaintiff additionally claims a litany of other wrongs, including defamation. It will be helpful to consider the tribal membership claim first.
It is clear from the statute on which the plaintiff himself relies that his tribal membership claim is not properly before the court. Conn. Gen. Stat. §
The plaintiff's remaining claims must be dismissed on the ground of tribal immunity. "As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity." Kiowa Tribe v. Manufacturing Technologies, Inc.,
The Tribe argues that its tribal immunity is sufficiently sweeping to invalidate Conn. Gen. Stat. §
The motion to dismiss is granted.
___________________ Jon C. Blue Judge of the Superior Court CT Page 12901