Nottawaseppi Huron Band of the Potawatomi, MI Article X Sovereign Immunity

Section 1 Tribal Immunity.

a) The Nottawaseppi Huron Band of the Potawatomi, as a sovereign Indian Nation, is immune from suit in all forums except to the extent that immunity is expressly waived in accordance with this Article.

Section 2 Authorization of Suits Against Officials and Employees of the Band.

a) Officials and employees of the Band shall be subject to suit if:

1. The suit is brought in the Band's Tribal Court.

2. The suit is against such officials or employees in their official capacity;

3. The suit seeks only prospective injunctive relief, and does not seek monetary damages or any other form of retroactive relief;

4. The suit seeks to enforce legal rights and duties established by this Constitution and by the laws of the Band.

b) The Tribal Council may waive the Band's immunity from suit in furtherance of governmental purposes or a tribal business purpose. Such a waiver must be by written resolution and must be approved by a majority of the entire Tribal Council.

c) The Tribal Council may delegate its authority under this Section to the governing bodies of chartered tribal entities, provided that the terms of such delegation limit the recourse to the assets of the entity.

d) Nothing in this Section shall waive the Band's immunity from suit in any forum other than the Tribal Courts except as may be specifically provided in a specific waiver approved in accordance with this Article.