Great Plains Lending, LLC v. Department of Banking

Summary

The court held that an entity claiming tribal sovereign immunity as an arm of a tribe bears the burden of proving that status and must satisfy five factors concerning its creation, purpose, governance, tribal intent, and financial relationship with the tribe. Applying that framework, the court determined that Great Plains qualified as an arm of the tribe, while the record was insufficient to determine whether Clear Creek qualified. The court also held that the tribal officer was immune from civil penalties but could be subject to prospective injunctive relief. No separate opinions were filed.