15 CCAR 44
Andrea GEORGE, Appellant,
v.
COLVILLE CONFEDERATED TRIBES, et. al, Appellees.
Nos. AP21-016, 8 CTCR 12
Colville Confederated Tribes Court of Appeals
April 12, 2022
Trial Court Case No. CO-OC-2019-42026
 

Before Chief Justice Anita Dupris, Justice Mark W. Pouley, and Justice Michael Taylor

ORDER

In late January, 2019 Appellant Andrea George filed a civil complaint against The Confederated Tribes of the Colville Reservation (CCT), thirteen (13) Council members, past and current, three (3) attorney employees, past and current, of the Office of Reservation Attorneys (ORA), and Peter Erbland, a contract attorney who had done work for the Council. In total, the number of Respondents was eighteen (18). The complaint is not file-stamped by the Trial Court, but it was signed by Appellant on January 25, 2019.

After a very lengthy statement of allegations against each of the Respondents, both singularly and severally, Appellant identified four (4) specific counts of actions of the respondents upon which she based her lawsuit: (1) Sexual Harassment; (2) Intentional Affliction of Emotional Distress; (3) Retaliation; and (4) Defamation.

The Trial Court, after considering the record and pleadings of the parties, granted Respondents' Motion for Summary Judgment. The Motion was filed by all of the Respondents except Mr. Erbland. Mr. Erbland joined in the Motion. The Trial Court found Gabriel v. Colville Business Council, 14 CCAR 05 (2018) dispositive in that Gabriel held actions regarding CBC members' ethics and ability to remain a CBC member "lies exclusively within the constitutional and statutory powers and authority of the CBC itself." id.. That is, separation of powers prevents our review of the actions of the CBC in their capacity as CBC members.

The Trial Court addressed each individual Count, too, discussing the doctrine of sovereign immunity. We need not review the case further then finding we have no subject matter jurisdiction over the case. Sovereign immunity is an affirmative defense, which is raised when the Court has subject matter jurisdiction.See Swan v. CBC, 11 CCAR 83 (2014).

As for the actions against Peter Erbland, they are not actionable in this case. Mr. Erbland merely gave legal advice to the CBC; he did not cause any of the allegations against the other Respondents/Appellees.

Based on the foregoing, now therefore

It is ORDERED that the Trial Court's Order of October 18, 2021 is AFFIRMED and this Appeal is DISMISSED WITH PREJUDICE, and REMANDED to the Trial Court for actions consistent with this Order.