Citizens Bank, N.A. v. Taino J. Palermo, alias.

Syllabus

The defendant appealed from the entry of summary judgment in favor of the plaintiff in this case involving a claim regarding two delinquent student loans. The defendant claimed that there were factual disputes regarding offsets against the loans and as to whether the plaintiff owned the loans in question. The defendant also argued that as a member of a Native American tribe, he had sovereign immunity from civil lawsuits. The Supreme Court determined that the defendant failed to present any evidence to contravene the affidavits from the plaintiff showing ownership of the loans and providing evidence that the plaintiff had applied the offsets. Additionally, the Supreme Court held that the defendant entered into the loans as an individual, not as a tribal member or officer, and thus he was not entitled to sovereign immunity. Accordingly, the Court affirmed the judgment of the Superior Court.