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Seminole Police Dept. v. Casadella

District Court of Appeal of Florida, Fourth District
Nov 13, 1985
478 So. 2d 470 (Fla. Dist. Ct. App. 1985)

Summary

granting petition for writ of certiorari and quashing trial court's order denying a motion to dismiss

Summary of this case from Seminole Tribe of Fla. v. Schinneller

Opinion

No. 85-1585.

November 13, 1985.

Petition from the Broward County Circuit Court, Miette K. Burnstein, J.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane, Fort Lauderdale, for petitioners.

Saul J. Morgan of Boiko and Morgan, Miami, for respondents.


Petitioners, the Seminole Police Department and Sergeant D.B. Marshall of the Seminole Police Department, petition us for writ of common law certiorari.

Both parties agree that petitioner, Seminole Police Department, is a subordinate economic organization of the Seminole Tribe of Florida and that petitioner, Sergeant Marshall, is an agent of the Seminole Police Department. Petitioners were sued in the trial court in an action arising from an alleged wrongful arrest.

Petitioners filed a motion to dismiss the complaint asserting, inter alia, that as a derivative economic organization and agent of the Seminole Tribe of Florida they were immune from suit under the doctrine of sovereign immunity. The trial court erroneously denied the motion to dismiss.

Respondents recognize that "an Indian Tribe is a dependent sovereign not subject to the jurisdiction of the courts of this state absent its consent or the consent of Congress." White Mountain Apache Indian Tribe v. Shelley, 107 Ariz. 4, 480 P.2d 654, 655 (1971). See also Ramey Construction Company v. Apache Tribe of Mescalero Reservation, 673 F.2d 315 (10th Cir. 1982). They argue, however, that petitioners waived their right to sovereign immunity by accepting the benefits of sections 285.16 and 285.18, Florida Statutes (1983). We cannot agree that this constitutes a waiver of sovereign immunity. Immunity of the Seminole Tribe and its subordinate economic units can only be waived by the tribe itself and/or the United States Government. A state cannot waive or limit an Indian Tribe's immunity. In the landmark decision Santa Clara Pueblo v. Martinez, 436 U.S. 49, 58-59, 98 S.Ct. 1670, 1677, 56 L.Ed.2d 106 (1978), the United States Supreme Court held:

Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers. This aspect of tribal sovereignty, like all others, is subject to the superior and plenary control of Congress. But "without congressional authorization," the "Indian Nations are exempt from suit."

It is settled that a waiver of sovereign immunity "`cannot be implied but must be unequivocally expressed.'" [Citations omitted.]

Accordingly, we grant the writ and quash the order of the trial court with directions to dismiss the complaint against petitioners.

DOWNEY and GLICKSTEIN, JJ., concur.


Summaries of

Seminole Police Dept. v. Casadella

District Court of Appeal of Florida, Fourth District
Nov 13, 1985
478 So. 2d 470 (Fla. Dist. Ct. App. 1985)

granting petition for writ of certiorari and quashing trial court's order denying a motion to dismiss

Summary of this case from Seminole Tribe of Fla. v. Schinneller

granting common law writ of certiorari and quashing trial court order that denied motion to dismiss where defendants were "a derivative economic organization and agent of the Seminole Tribe of Florida" which "were immune from suit under the doctrine of sovereign immunity"

Summary of this case from Seminole Tribe of Florida v. McCor

recognizing "an Indian Tribe is a dependent sovereign not subject to the jurisdiction of the courts of this state absent its consent or the consent of Congress" (quoting White Mountain Apache Indian Tribe v. Shelley , 107 Ariz. 4, 480 P.2d 654, 655 (1971) )

Summary of this case from Seminole Tribe of Fla. v. Manzini
Case details for

Seminole Police Dept. v. Casadella

Case Details

Full title:SEMINOLE POLICE DEPARTMENT AND SERGEANT D.B. MARSHALL OF THE SEMINOLE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 13, 1985

Citations

478 So. 2d 470 (Fla. Dist. Ct. App. 1985)

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