Michael McCrary v. Ivanof Bay Village and Edgar Shangin

Summary

The court affirmed dismissal of McCrary's contract claims because Ivanof Bay, as an Alaska Native tribe listed by the Department of the Interior as federally recognized, is entitled to tribal sovereign immunity, and its president was immune from suit in his official capacity. The court held that its prior recognition of the sovereignty of federally recognized Alaska Native tribes was a binding and essential part of the earlier decision, and McCrary failed to meet the heavy burden required to overrule that precedent. The court did not decide whether tribal sovereign immunity is an affirmative defense or instead deprives the court of subject matter jurisdiction.