Couple Awarded $1.3M in Lawsuit

A federal jury has awarded $1.3 million in damages to a couple who farmed for 17 years on leased land at Santa Ana Pueblo before its then-governor barred them from baling hay at night. The couple, Bob and Sue Burrell, said the governor's order, stemming from a noise complaint, effectively curtailed their farm operations in 1997, according to the Albuquerque Journal.

The litigation had previously been dismissed by a tribal court judge and by the U.S. District Court before making its way to the 10th Circuit Court of Appeals in Denver. The appeals court reversed the district court, ruling that, while the pueblo was protected by sovereign immunity, pueblo officials acting outside the scope of their authority were not.

On remand, the jury found Leonard Armijo, the Santa Ana governor and acting police chief in 1997, and Lt. Gov. Lawrence Montoya violated the civil rights of the Burrells and "conspired with the intention to violate plaintiffs' civil rights regarding their farm lease."

If the courts are going to allow lawsuits against tribal officials under the Civil Rights Act, what does that mean for Tribal Sovereignty? Once you violate someone's civil rights you are acting outside the scope of your authority and therefore you can be held liable for damages. Have non-Indians found a loophole they can use to sue tribes?