Harrison v. PCI Gaming Authority

Benjamin Harrison was injured during the early morning hours of March 1, 2013, when, as a passenger, he was involved in an automobile accident following a high-speed police chase on a portion of a county roadway that traverses land held by the Poarch Band of Creek Indians ("the Tribe") in Escambia County. The driver of the vehicle in which Benjamin was a passenger, Roil Hadley, had consumed alcohol while he was a patron at Wind Creek Casino during the evening of February 28, 2013, and the early morning hours of March 1, 2013. Amanda Harrison, as mother and next friend of Benjamin, sued the tribal defendants and two individuals, alleging the tribal defendants were responsible for negligently or wantonly serving alcohol to Hadley despite his being visibly intoxicated and asserted, among other claims, claims against the tribal defendants under Alabama’s Dram Shop Act. Defendants moved to dismiss on grounds they were immune under the doctrine of tribal sovereign immunity, and that the circuit court lacked subject matter jurisdiction because Tribal Court held exclusive jurisdiction over the claims. The Alabama Supreme Court declined to extend the doctrine of tribal immunity to actions in tort, in which the plaintiff had no opportunity to bargain for a waiver and no other avenue for relief. The Court similarly concluded the judgment entered by the trial court was reversed. The case was remanded for the circuit court to consider a related issue pertaining to an asserted lack of adjudicative, or "direct" subject-matter jurisdiction by the circuit court thus addressing the tribal defendants’ position that the claim in this case arose on Indian land, but Benjamin's fatal injuries occurred on an Escambia County Road. Also, the Court directed the circuit court to consider whether subject-matter jurisdiction is affected by the fact that the alleged tortious conduct of the tribal defendants entails a violation of Alabama's statutory and regulatory scheme for the sale of alcohol in Alabama, a scheme to which Congress has expressly declared the Tribe to be subject. View "Harrison v. PCI Gaming Authority" on Justia Law