California Court of Appeal

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Cosentino v. Fuller, G050923

In an action brought by a casino dealer against a tribal casino, alleging the former-employer revoked his casino license and fired him in retaliation for acting as a confidential informant, the trial court's grant of summary judgment to defendants based on the sovereign immunity afforded to Indian tribes and their officials, is reversed where in order for sovereign immunity to apply, the claims against tribal officials must be based on actions the officials took in their official capacity and within the scope of their official authority. An official's actions that exceed the scope of his or her authority are not protected.

Appellate Information

  • Decided 05/28/2015
  • Published 05/28/2015

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel