3.05.120 Limitation of actions and sovereign immunity.
(A) Sovereign Immunity. Except as required by federal law or the Tribe’s Constitution or specifically waived by a resolution, ordinance or written contract specifically referencing such waiver and duly approved by the Tribal Council, the Karuk Tribe, its officers and employees, and Tribal governmental entities and their respective officers and employees, including but not limited to Tribal Court judges and mediators, shall be immune from suit in any civil action for liability arising from the performance of their official duties.
(B) Actions by or Against the Tribe or its Officers or Employees. In any action otherwise authorized by or against the Tribe or its officers or employees arising from the performance of their official duties, the following procedures shall apply:
(1) The periods of time specified for civil cases or for appeals of either a civil or criminal nature for which an answer, reply, or other pleading or response of any kind shall be required shall be double the normal period;
(2) Neither the Tribe nor its officers or employees when involved in a civil action arising from the performance of their official duties, either as plaintiff or defendant, shall be liable for the payment of costs or expenses of the opposing parties;
(3) Neither the Tribe nor its officials or employees when involved in a civil action arising from the performance of their duties, either as plaintiff or defendant, shall be required to post security bond or otherwise for any purpose; and
(4) Any liability shall be limited to injunctive and equitable relief and no monetary damages shall be awarded unless monetary recovery is expressly authorized pursuant to contract.
(C) Adoption by Reference Does Not Constitute a Waiver of Sovereignty. The adoption of any law, code, or other document by reference into the Tribal Code shall in no way constitute a waiver or secession of any sovereign power or immunity of the Karuk Tribe to the jurisdiction whose law or code is adopted or in any way diminish such sovereign power and immunity, but shall result in the law or code thus adopted becoming the law of the Karuk Tribe.
(D) Statute of Limitations. Unless otherwise specifically provided in this Code, the following limitations on the bringing of a civil action shall apply:
(1) Any action against the Tribe or its officers or employees or a Tribal governmental entity or its officers or employees arising from their performance of their official duties must be commenced within one (1) year of the date that the cause of action occurred;
(2) Any other action against the Tribe or its officers or employees or a Tribal governmental entity or its officers or employees must be commenced within two (2) years after the cause of action occurred; provided, however that any cause of action based upon fraud or intentional misrepresentation shall not be deemed to have occurred until the aggrieved party has discovered the facts constituting the fraud or intentional misrepresentation. [Res. 22-R-198 Att. A, 11/17/2022; Res. 10-R-111 § 10.11, 9/30/2010.]