Turner

Plaintiffs Reginald Turner and Steve Guzman appeal from an order quashing service and dismissing their tort action against defendants Jeffrey Martire, Michael Turner, and Robert Mezzie. The principal issue is whether the trial court correctly ruled that defendants, as law enforcement officers of an Indian tribe, were protected by the tribe’s sovereign immunity against liability for allegedly assaulting and improperly detaining plaintiffs.

As we will discuss, tribal immunity has been extended to tribal officials who act in their official capacity and within the scope of their authority. We conclude that to qualify for such immunity, defendants must show they performed discretionary or policymaking functions within or on behalf of the tribe. We find the record insufficient to establish that defendants met this requirement, and also insufficient to show they acted within the scope of their official authority in doing the acts alleged. Accordingly, we reverse.

I

Factual and Procedural Background

The San Manuel Band of Mission Indians (Tribe), a federally recognized Indian tribe, owns and operates the San Manuel Indian Bingo and Casino, a gaming facility located on the…