lewis et al clarke argued january decided april petitioners brian michelle lewis driving connecticut interstate struck behind vehicle driven respondent william clarke mohegan tribal gaming authority employee transporting mohegan sun casino patrons lewises sued clarke individual capacity state clarke moved dismiss lack jurisdiction arguing employee gaming authority arm mohegan tribe entitled sovereign immunity acting within scope employment time accident similarly entitled sovereign immunity suit also argued alternative prevail gaming authority bound tribal law indemnify trial denied clarke motion connecticut reversed holding tribal sovereign immunity barred suit clarke acting within scope employment accident occurred consider whether clarke entitled sovereign immunity based indemnification statute held suit brought tribal employee individual capacity employee tribe real party interest tribe sovereign immunity implicated pp context lawsuits state federal employees entities courts look whether sovereign real party interest determine whether sovereign immunity bars suit see hafer melo defendant action relief sought nominally official fact official office thus sovereign may assert sovereign immunity kentucky graham officer action seeks impose individual liability upon government officer actions taken color state law hafer may able assert personal immunity defenses sovereign immunity reach clarke argument entitled personal immunity defense official immunity clarke raised first time appeal pp applying general rules context tribal sovereign immunity apparent foreclose clarke sovereign immunity defense action arises tort committed clarke connecticut interstate simply suit clarke recover personal actions clarke gaming authority real party interest state extended sovereign immunity tribal employees beyond sovereign immunity principles recognize either state federal employees pp indemnification provision matter law extend sovereign immunity individual employees otherwise fall protective cloak pp conclusion follows naturally principles discussed previously applied different question whether state instrumentality may invoke state immunity suit even federal government agreed indemnify instrumentality adverse judgments regents univ cal doe held indemnification provision divest state instrumentality eleventh amendment immunity analysis turned potential legal liability lay whence money pay damages award ultimately came connecticut courts exercise jurisdiction tribe gaming authority judgments bind tribe instrumentalities way moreover indemnification certainty clarke indemnified gaming authority determine engaged wanton reckless malicious activity mohegan tribe code pp courts extended sovereign immunity private healthcare insurance companies certain circumstances cases rest proposition fiscal intermediaries essentially state instrumentalities clarke offers persuasive reason depart precedent treat lawsuit individual employee one state instrumentality similarly never held civil rights suit state officer individual capacity implicates eleventh amendment state sovereign immunity suit finally conclusion indemnification provisions alter analysis sovereign immunity purposes consistent practice applies contexts diversity citizenship joinder pp reversed remanded sotomayor delivered opinion roberts kennedy breyer alito kagan joined thomas ginsburg filed opinions concurring judgment gorsuch took part consideration decision case opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press brian lewis et petitioners william clarke writ certiorari connecticut april justice sotomayor delivered opinion indian tribes generally entitled immunity suit considered scope immunity number circumstances case presents ordinary negligence action brought tribal employee state state law granted certiorari resolve whether indian tribe sovereign immunity bars damages actions tribal employees torts committed within scope employment employees indemnified tribe hold suit brought tribal employee individual capacity employee tribe real party interest tribe sovereign immunity implicated employee acting within scope employment time tort committed sufficient bar suit employee basis tribal sovereign immunity hold indemnification provision extend tribe sovereign immunity otherwise reach accordingly reverse remand mohegan tribe indians connecticut traces lineage back centuries originally part lenni lenape tribe formed independent mohegan tribe leadership sachem uncas early fawcett lasting mohegans accordance petition procedures established bureau indian affairs tribe attained federal see fed reg mohegan preamble art ii one means maintaining economic tribe entered gaming compact state connecticut pursuant indian gaming regulatory act stat et seq compact authorizes tribe conduct gaming land subject certain conditions including establishment gaming disputes see fed reg approving compact mohegan indian tribe state connecticut may mohegan art xiii mohegan tribe code supp mohegan tribal gaming authority arm tribe exercises powers mohegan tribe tribal gaming activities mohegan art xiii mohegan tribe code particular relevance mohegan law sets sovereign immunity indemnification policies applicable disputes arising gaming activities gaming authority waived sovereign immunity consented sued mohegan gaming disputes mohegan art xiii mohegan tribe code neither tribe gaming authority consented suit claims arising connecticut state law see mohegan art ix mohegan tribe code see also blatchford native village noatak observing indian tribes surrendered immunity suits mohegan tribe code provides gaming authority shall save harmless indemnify officer employee financial loss expense arising claim demand suit reason alleged negligence officer employee found acting discharge duties within scope employment gaming authority indemnify employees engage wanton reckless malicious activity mohegan tribe code petitioners brian michelle lewis driving interstate norwalk connecticut limousine driven respondent william clarke hit vehicle behind clarke gaming authority employee transporting patrons mohegan sun casino homes purposes appeal undisputed clarke caused accident lewises filed suit clarke individual capacity connecticut state clarke moved dismiss lack jurisdiction basis tribal sovereign immunity see wl super clarke argued gaming authority arm tribe entitled sovereign immunity employee gaming authority acting within scope employment time accident similarly entitled sovereign immunity suit according clarke denying motion abrogate tribe sovereign immunity trial denied clarke motion dismiss agreed lewises sovereign immunity analysis focus remedy sought complaint end identified clarke gaming authority tribe real party interest damages remedy sought solely clarke way affect tribe ability govern independently therefore concluded tribal sovereign immunity implicated also rejected clarke alternative argument gaming authority obligated indemnify pursuant mohegan tribe code end paying damages prevail remedy analysis trial reasoned voluntary undertaking used extend sovereign immunity otherwise exist ibid connecticut reversed holding tribal sovereign immunity bar suit agreed clarke acting within scope employment mohegan tribal gaming authority mohegan tribal gaming authority arm mohegan tribe tribal sovereign immunity bars plaintiffs claims particular significance ensuring plaintiffs circumvent tribal immunity merely naming defendant employee tribe complaint concerns actions taken within scope duties complaint allege plaintiffs offered evidence acted outside scope authority otherwise reasoned protections tribal immunity alterations internal quotation marks omitted determined clarke entitled sovereign immunity sole basis acting within scope employment accident occurred consider whether clarke entitled sovereign immunity basis indemnification statute granted certiorari consider whether tribal sovereign immunity bars lewises suit clarke reverse judgment connecticut ii two issues require resolution whether sovereign immunity indian tribe bars damages tribal employees torts committed within scope employment role tribe decision indemnify employees plays analysis decide case framework precedents regarding tribal immunity cases establish context lawsuits state federal employees entities courts look whether sovereign real party interest determine whether sovereign immunity bars suit see hafer melo making assessment courts may simply rely characterization parties complaint rather must determine first instance whether remedy sought truly sovereign see ex parte new york example action essence state even state named party state real party interest entitled invoke eleventh amendment protection reason arm instrumentality state generally enjoys immunity sovereign regents univ cal doe similarly lawsuits brought employees official capacity represent another way pleading action entity officer agent may also barred sovereign immunity kentucky graham internal quotation marks omitted distinction suits paramount claim relief sought nominally official fact official office thus sovereign michigan dept state police dugan rank officials sued official capacities leave office successors automatically assume role litigation hafer real party interest government entity named official see edelman jordan suits hand seek impose individual liability upon government officer actions taken color state law hafer emphasis added see also discharged employees entitled bring personal damages action state auditor general cf bivens six unknown fed narcotics agents fficers sued personal capacity come individuals hafer real party interest individual sovereign identity real party interest dictates immunities may available defendants action may assert sovereign immunity graham officer action hand may able assert personal immunity defenses example absolute prosecutorial immunity certain circumstances van de kamp goldstein sovereign immunity erect barrier suits impose individual personal liability hafer internal quotation marks omitted see alden maine reason depart general rules context tribal sovereign immunity apparent general principles foreclose clarke sovereign immunity defense case negligence action arising tort committed clarke interstate highway within state connecticut suit brought tribal employee operating vehicle within scope employment state lands judgment operate tribe suit clarke official capacity simply suit clarke recover personal actions require action sovereign disturb sovereign property larson domestic foreign commerce cognizant connecticut concern plaintiffs circumvent tribal sovereign immunity immunity simply play clarke gaming authority real party interest ruling clarke immune suit solely acting within scope employment extended sovereign immunity tribal employees beyond sovereign immunity principles recognize either state federal employees see graham protection offered tribal sovereign immunity broader protection offered state federal sovereign immunity accordingly established sovereign immunity principles gaming authority immunity circumstances bar suit iii conclusion notwithstanding clarke argues gaming authority real party interest required mohegan tribe code indemnify clarke adverse never occasion decide whether indemnification clause sufficient extend sovereign immunity defense suit employee individual capacity hold indemnification provision matter law extend sovereign immunity individual employees otherwise fall protective cloak holding follows naturally principles discussed indeed applied principles different question whether state instrumentality may invoke state immunity suit even federal government agreed indemnify instrumentality adverse judgments regents univ individual brought suit university california public university state california breach contract related employment laboratory operated university pursuant contract federal government held indemnification provision divest state instrumentality eleventh amendment immunity analysis turned potential legal liability lay whence money pay damages award ultimately came lawsuit bound university held eleventh amendment applied litigation even though damages award ultimately paid federal department energy reasoning remains critical inquiry may legally bound adverse judgment ultimately pick connecticut courts exercise jurisdiction tribe gaming authority judgments bind tribe instrumentalities way tribe indemnification provision somehow convert suit clarke suit sovereign clarke sued individual capacity held responsible individual wrongdoing moreover indemnification certainty clarke indemnified gaming authority determine engaged wanton reckless malicious activity mohegan tribe code determination necessary disposition lewises suit clarke connecticut state courts separate legal matter clarke notes courts extended sovereign immunity private healthcare insurance companies certain circumstances see pani empire blue cross blue shield pine view gardens mutual omaha ins cadc brief respondent cases rest proposition fiscal intermediaries essentially state instrumentalities governing regulations make clear see cfr providing medicare administrator real party interest litigation involving administration program well established precedent suit arm instrumentality state treated one state see regents univ treated lawsuit individual employee one state instrumentality clarke offers persuasive reason ever held civil rights suit state officer individual capacity implicates eleventh amendment state sovereign immunity federal appellate courts considered indemnity question rejected argument indemnity statute brings eleventh amendment play actions see stoner wisconsin dept agriculture trade consumer protection blalock schwinden duckworth franzen cases rely concern originally drove adoption eleventh amendment protection involuntary liability see hess port authority corporation institute indemnification policies voluntarily indemnification provisions implicate one underlying rationales state sovereign immunity government ability make decisions allocation scarce resources alden finally conclusion indemnification provisions alter analysis purposes sovereign immunity consistent practice applies contexts diversity citizenship joinder assessing diversity jurisdiction courts look real parties controversy navarro savings assn lee applying principle courts agreed fact third party indemnifies one named parties case general rule influence diversity analysis see corfield dallas glen hills lp squibb sons accident cas ins similarly held party become required party joinder purposes federal rule civil procedure simply virtue indemnifying one named parties see gardiner virgin islands water power rochester methodist hospital travelers ins sum although tribal sovereign immunity implicated suit brought individual officers official capacities simply present claim made employees individual capacities indemnification statute one issue alter analysis clarke may avail sovereign immunity defense iv judgment connecticut reversed case remanded proceedings inconsistent opinion ordered justice gorsuch took part consideration decision case thomas concurring judgment brian lewis et petitioners william clarke writ certiorari connecticut april justice thomas concurring judgment remain view tribal immunity extend suits arising tribe commercial activities conducted beyond territory michigan bay mills indian community dissenting opinion slip see also kiowa tribe manufacturing technologies stevens dissenting suit arose commercial act ante accordingly hold respondent assert tribe immunity regardless capacity sued reaches result different reasons concur judgment ginsburg concurring judgment brian lewis et petitioners william clarke writ certiorari connecticut april justice ginsburg concurring judgment scope tribal immunity suit adhere dissenting views expressed kiowa tribe manufacturing technologies stevens dissenting michigan bay mills indian community thomas dissenting slip see also ginsburg dissenting slip dissenting opinions explain tribes interacting nontribal members outside reservation boundaries subject nondiscriminatory state laws general application agree however voluntary indemnity undertaking convert suit tribal employee employee individual capacity suit tribe therefore concur judgment footnotes currently federally recognized indian alaska native entities fed reg see also native hawaiian law treatise mackenzie ed discussing existing relationships government federally recognized tribes indigenous groups cohen handbook federal indian law supp deloria demallie documents american indian diplomacy treaties agreements conventions course personal immunity defenses distinct sovereign immunity harlow fitzgerald clarke argues first time one particular form personal immunity available official immunity see westfall erwin defense properly us however given clarke motion dismiss based solely tribal sovereign immunity see travelers casualty surety america pacific gas elec noted connecticut reach whether clarke entitled sovereign immunity basis indemnification statute nevertheless consider issue fairly included within question presented purely legal question integral part clarke sovereign immunity argument raised passed trial see mitchell forsyth purely legal question petitioner claim immunity turns appropriate immediate resolution notwithstanding addressed appeals internal quotation marks omitted holding hess port authority corporation contrary immunity question turned whether port authority corporation state agency cloaked eleventh amendment immunity judgment must paid state treasury emphasis added unlike hess damages judgment come sovereign suit state officer official rather individual capacity might implicate eleventh amendment see kentucky graham