Ninth Circuit rules tribal officials lack immunity under PACT Act

The Ninth Circuit Court of Appeals has ruled that tribal officials cannot claim tribal sovereign immunity or qualified immunity in lawsuits brought under the Prevent All Cigarette Trafficking Act, according to a legal analysis published by JD Supra. In State ex rel. Bonta v. Del Rosa, the court held that California may pursue enforcement claims against individual officers of the Alturas Indian Rancheria Tribe for alleged failures to remit cigarette taxes required under federal law.

The case arose from a 2023 lawsuit against Azuma Corporation, a tribally owned cigarette manufacturer and distributor, and three tribal business committee members who managed tobacco operations. While claims against the company were dismissed based on sovereign immunity, the courts allowed claims against the individual officials to proceed. According to JD Supra, the Ninth Circuit found that the PACT Act permits injunctive relief against tribal officials and that qualified immunity does not apply when a state seeks to enforce federal and state laws.