Section GOV.02.03 — Sovereign Immunity

(a) The Stockbridge-Munsee Community is immune from suit except to the extent that the Tribal Council expressly waives sovereign immunity by resolution or by enactment of an ordinance.

(b) Any official or employee of the Stockbridge-Munsee Community acting within the scope of their duties shall be immune from suit. Officials and employees who act beyond the scope of their duties and authority shall be subject to suit only for declaratory judgment or prospective injunctive relief in the Tribal Court System by persons subject to the jurisdiction of the Tribal Court System for purposes of enforcing rights and duties established by the Constitution or other applicable laws. No money damages shall be available in suits under this section.

(c) Persons subject to the jurisdiction of the Stockbridge-Munsee Community shall exhaust all remedies available to them under the Constitution and the laws of the Stockbridge Munsee Community before seeking redress of grievance against the Stockbridge-Munsee Community in the courts of the United States under any law of the United States granting those persons such rights, unless specifically agreed to otherwise by the parties.

(d) The Stockbridge-Munsee Community may appear specially to assert the defense of sovereign immunity in the Tribal Court System, the courts of the United States, or the courts of an individual state, and such appearance shall not constitute a waiver of sovereign immunity or a consent to the jurisdiction of said courts.