“That left the interesting question of, ‘What about Indian tribes?’ Because they were not the federal government and they were not states, but they were some sort of governmental entity,” Jarvis said. That principle, which stems from the kings and queens in England, shields them from lawsuits. Supreme Court first recognized in 1919 that tribes have sovereign immunity the same way states and federal governments do, Jarvis said. “It should be noted that a thorough investigation by Seminole Police resulted in the arrest of two suspects, who are being prosecuted by the Broward State Attorney,” Bitner wrote in an email.

Seminole Tribe spokesperson Gary Bitner said he couldn’t comment because criminal and civil cases are pending. “They know if a terrible incident like this happens, they’re facing no responsibility for it,” Falzone said.

Still, they’re going through with the lawsuit with the hope of bringing to light a flaw they believe sovereign immunity creates: “If you grant immunity to anybody from civil litigation, it gives them less desire or requirement to be careful,” attorney Todd Falzone said. That battle against the Tribe is a gamble many are not willing to make, said Bob Jarvis, a law professor at Nova Southeastern University who has written about Florida’s tribal courts, because of sovereign immunity.Īnd the attorneys representing LaCroze’s family said the litigation will take years, racking up the costs and chipping away at any amount the family and his children may get.

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