Lewis v. Clarke
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1500 | Conn. | Jan 9, 2017 | Apr 25, 2017 | 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, 2017. 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 25, 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 6, 2016)
| Date | Proceedings and Orders |
|---|---|
| Jun 13 2016 | Petition for a writ of certiorari filed. (Response due July 13, 2016) |
| Jul 13 2016 | Brief of respondent William Clarke in opposition filed. |
| Jul 26 2016 | Reply of petitioners Brian Lewis, et al. filed. |
| Jul 27 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Sep 29 2016 | Petition GRANTED. |
| Oct 07 2016 | Motion to dispense with printing the joint appendix filed by petitioners Brian Lewis, et al. |
| Oct 31 2016 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Nov 14 2016 | Brief of petitioners Brian Lewis, et al. filed. |
| Nov 18 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
| Nov 21 2016 | Brief amicus curiae of United States, supporting reversal filed. |
| Nov 21 2016 | Brief amici curiae of Connecticut Trial Lawyers Association, et al. filed. |
| Dec 05 2016 | SET FOR ARGUMENT on Monday, January 9, 2017. |
| Dec 07 2016 | Record requested from the Supreme Court of Connecticut. |
| Dec 12 2016 | CIRCULATED. |
| Dec 14 2016 | Brief of respondent William Clarke filed. (Distributed) |
| Dec 21 2016 | Record received from the Supreme Court of Connecticut. (1 Envelope) |
| Dec 21 2016 | Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed) |
| Dec 21 2016 | Brief amici curiae of The National Congress of American Indians, et al. filed. (Distributed) |
| Dec 21 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Dec 21 2016 | Brief amici curiae of The State of Arizona and the State of Oregon filed. (Distributed) |
| Dec 21 2016 | Brief amici curiae of Ninth and Tenth Circuit Tribes filed. (Distributed) |
| Dec 21 2016 | Brief amici curiae of The Otoe-Missouria Tribe of Indians, et al. filed. (Distributed) |
| Dec 28 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 30 2016 | Reply of petitioners Brian Lewis, et al. filed. (Distributed) |
| Jan 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. |
| Apr 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. |
| May 30 2017 | MANDATE ISSUED. |
| May 30 2017 | JUDGMENT ISSUED. |
| Aug 07 2017 | Record from the Supreme Court of Connecticut has been returned. |
