Lewis v. Clarke
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 Sonia Sotomayor on Apr 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.
Jun 13, 2016Petition for a writ of certiorari filed. (Response due July 13, 2016)Jul 13, 2016Brief of respondent William Clarke in opposition filed.Jul 26, 2016Reply of petitioners Brian Lewis, et al. filed.
Jul 27, 2016DISTRIBUTED for Conference of September 26, 2016.
Sep 29, 2016Petition GRANTED.
Oct 7, 2016Motion to dispense with printing the joint appendix filed by petitioners Brian Lewis, et al.
Oct 31, 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 14, 2016Brief of petitioners Brian Lewis, et al. filed.Nov 18, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Nov 21, 2016Brief amicus curiae of United States, supporting reversal filed.Nov 21, 2016Brief amici curiae of Connecticut Trial Lawyers Association, et al. filed.Dec 5, 2016SET FOR ARGUMENT on Monday, January 9, 2017.
Dec 7, 2016Record requested from the Supreme Court of Connecticut.
Dec 12, 2016CIRCULATED.
Dec 14, 2016Brief of respondent William Clarke filed. (Distributed)Dec 21, 2016Record received from the Supreme Court of Connecticut. (1 Envelope)
Dec 21, 2016Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)Dec 21, 2016Brief amici curiae of The National Congress of American Indians, et al. filed. (Distributed)Dec 21, 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 21, 2016Brief amici curiae of The State of Arizona and the State of Oregon filed. (Distributed)Dec 21, 2016Brief amici curiae of Ninth and Tenth Circuit Tribes filed. (Distributed)Dec 21, 2016Brief amici curiae of The Otoe-Missouria Tribe of Indians, et al. filed. (Distributed)Dec 28, 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 30, 2016Reply of petitioners Brian Lewis, et al. filed. (Distributed)Jan 9, 2017Argued. 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, 2017Judgment 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, 2017MANDATE ISSUED.
May 30, 2017JUDGMENT ISSUED.
Aug 7, 2017Record from the Supreme Court of Connecticut has been returned.
Recommended Citation: Lewis v. Clarke, SCOTUSblog, https://www.scotusblog.com/cases/lewis-v-clarke/