Douglas Indian Association, Appellant v. Central Council of Tlingit and Haida Indian Tribes of Alaska; Richard…

Summary

The Alaska Supreme Court held that tribal sovereign immunity is a jurisdictional bar that may be raised in a motion to dismiss for lack of subject matter jurisdiction, rather than merely an affirmative defense requiring discovery. The court also held that the superior court properly denied jurisdictional discovery because Douglas offered only conclusory assertions of waiver and ultra vires conduct. The court affirmed dismissal of claims against the tribal officials because the requested relief was essentially specific performance of a contract and Douglas did not allege facts showing that the officials acted outside their authority.