(a) 
An action for monetary damages may be brought in Tribal Court under this Title against the Port Gamble S’Klallam Tribe by any person for any tort to that person caused by:
(1) 
An act or omission by the Tribe; or
(2) 
An act or omission by any agent, employee, or officer acting on behalf of the Port Gamble S’Klallam Tribe and within the scope of authority of that agent, employee, or officer; or
(3) 
An act or omission of any Tribal commission, utility, authority, or corporation or any agent, employee, or officer acting within the scope of their authority for such Tribal commission, utility, authority, or corporation;
Provided that this waiver of sovereign immunity shall be subject to the limitations described in this Title.
(b) 
The Tribal Court shall have exclusive jurisdiction over all suits arising under this Title. Such suits shall be conducted under the general rules of civil procedure established by Title 3 of the Port Gamble S’Klallam Law and Order Code to the extent that such rules are not inconsistent with the provisions of this Title.
(c) 
All actions commenced under this Title shall be tried by a Judge of the Tribal Court without a jury.
(Res. 15-A-169, 12/9/2015)
In determining whether an action constitutes a tort, the Court shall look to the law of the Port Gamble S’Klallam Tribe, applicable federal law, and to the extent consistent with the law of the Port Gamble S’Klallam Tribe, substantive tort laws of the State of Washington.
(Res. 15-A-169, 12/9/2015)
The Tribal Court shall order a stay without bond of any tort claim where the Tribe has requested that the United States assume the defense of the claim under the Federal Tort Claims Act.
Upon receipt of notice that is satisfactory to the Tribal Court that the United States has assumed defense of the tort claim, the Tribal Court shall issue notice to the parties and shall dismiss the action or proceeding.
Upon receipt of notice that is satisfactory to the Tribal Court that the United States has declined to assume defense of the tort claim, the Tribal Court shall dissolve the stay and issue an order directing further proceedings in the action or proceeding on the tort claim.
(Res. 15-A-169, 12/9/2015)
Any liability for monetary damages for acts or omissions of any agent, employee, or officer of the Tribe under this Title shall be the exclusive remedy available to any person who suffers a tort caused by an agent, employee, or officer of the Tribe. The remedy that this Title establishes and limits extinguishes any other claim for monetary damages, regardless of whether the person in whose favor such remedy is created exercises the right to timely present written notice of any claim and commences an action for a tort in Tribal Court under this Title.
This Title expressly preserves defenses of qualified or absolute immunity to actions for monetary damages against agents, employees, or officers of the Tribe in their individual capacities. The defenses include, but are not limited to, absolute legislative and judicial immunities, qualified and absolute executive immunities, and any derivatives, which are recognized in common law and elaborated by federal courts in cases alleging violations of federal law.
Except as described in this section, this Title does not immunize or extinguish individual liability for monetary damages of any agent, employee, or officer of the Tribe against a tort claim if it is established that liability for the act or omission of such agent, employee, or officer exceeded or was outside the scope of employment or authority of the agent, employee, or officer. Claims for individual liability arising from acts or omissions that occur within the Tribe’s jurisdiction that are found to exceed or be outside the scope of authority of a Tribal agent, employee, or officer shall be filed only in the Tribal Court.
Volunteers duly authorized by the Tribe to act as agents, employees, or officers of the Tribe shall have the same immunities under this Title as other agents, employees, and officers of the Tribe.
(Res. 15-A-169, 12/9/2015)
A person who suffers an injury as a result of an act or omission of the Tribe or of an agent, employee, or officer acting on behalf of the Tribe may not use procedures other than those established in this Title to seek monetary damages, even if another remedy may be provided by another provision of Tribal law of general application. However, this Title shall not bar any person from pursuing remedies in accordance with otherwise applicable law for claims relating to:
(a) 
Workers’ compensation;
(b) 
Unemployment compensation; or
(c) 
Employment decisions.
(Res. 15-A-169, 12/9/2015)