Lewis v. Clarke

Docket No.	Argument	Opinion	Vote	Author	Term
15-1500	Jan 9, 2017	Apr 25, 2025	8-0	Sotomayor	OT 2016

Holding: (1) In a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe's sovereign immunity is not implicated; and (2) an indemnification provision cannot, as a matter of law, extend sovereign immunity to individual employees who would otherwise not be protected.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Sotomayor on April 25, 2025. Justices Thomas and Ginsburg filed opinions concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: Justices decline to extend sovereign immunity to tribe employees (Todd Henderson, April 26, 2017)
Argument analysis: Court unlikely to resolve complex issues about scope of sovereign and tribal immunity (Todd Henderson, January 10, 2017)
Argument preview: The perversity of tribal sovereignty (Todd Henderson, January 5, 2017)
Justices add eight new cases to docket for upcoming term (Amy Howe, September 29, 2016)
Petition of the day (Kate Howard, July 7, 2016)

Date	Proceedings and Orders (key to color coding)
06/13/2016	Petition for a writ of certiorari filed. (Response due July 13, 2016)
07/13/2016	Brief of respondent William Clarke in opposition filed.
07/26/2016	Reply of petitioners Brian Lewis, et al. filed.
07/27/2016	DISTRIBUTED for Conference of September 26, 2016.
09/29/2016	Petition GRANTED.
10/07/2016	Motion to dispense with printing the joint appendix filed by petitioners Brian Lewis, et al.
10/31/2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
11/14/2016	Brief of petitioners Brian Lewis, et al. filed.
11/18/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
11/21/2016	Brief amicus curiae of United States, supporting reversal filed.
11/21/2016	Brief amici curiae of Connecticut Trial Lawyers Association, et al. filed.
12/05/2016	SET FOR ARGUMENT on Monday, January 9, 2017.
12/07/2016	Record requested from the Supreme Court of Connecticut.
12/12/2016	CIRCULATED.
12/14/2016	Brief of respondent William Clarke filed. (Distributed)
12/21/2016	Record received from the Supreme Court of Connecticut. (1 Envelope)
12/21/2016	Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
12/21/2016	Brief amici curiae of The National Congress of American Indians, et al. filed. (Distributed)
12/21/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/21/2016	Brief amici curiae of The State of Arizona and the State of Oregon filed. (Distributed)
12/21/2016	Brief amici curiae of Ninth and Tenth Circuit Tribes filed. (Distributed)
12/21/2016	Brief amici curiae of The Otoe-Missouria Tribe of Indians, et al. filed. (Distributed)
12/28/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
12/30/2016	Reply of petitioners Brian Lewis, et al. filed. (Distributed)
01/09/2017	Argued. For petitioners: Eric D. Miller, Seattle, Wash. For United States, as amicus curiae: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C.
04/25/2017	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., and Ginsburg, J., filed opinions concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
05/30/2017	MANDATE ISSUED.
05/30/2017	JUDGMENT ISSUED.
08/07/2017	Record from the Supreme Court of Connecticut has been returned.