Read the following excerpt from a US court opinion:
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motion to dismiss. A. Tribal Sovereign Immunity As a threshold matter, we must determine if CNI enjoys tribal-sovereign immu nity. If so, a dismissal for lack of jurisdiction was proper. See Lovely, 570 F.3d at 782 n. 2 (6th Cir.2009) (“[Sovereign immunity is a jurisdictional doctrine ....”) (internal quotation marks omitted); cf. Nair v. Oakland County Cmty. Health Auth., 443 F.3d 469, 474 (6th Cir.2006) (“[T]he Eleventh Amendment is jurisdictional in the sense that it is a limitation on the federal court’s judicial power.”) (internal quotation marks omitted). Moreover, if CNI enjoys tribal-sovereign immunity, we need not address the issues of diversity jurisdiction and federal-question jurisdiction. See Miner Elec., Inc. v. Muscogee (Creek) Nation, 505 F.3d 1007, 1011 (10th Cir.2007) . MBF argues that CNI waived its
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What is the most suitable continuation to the opinion? Your options are:
A. holding that qualified immunity is not merely immunity from damages but also immunity from suit
B. holding that if property is not property1 of the public entity then the public entity cannot be subject to suit under the dangerous condition waiver
C. holding that an official capacity suit should be treated as a suit against the entity
D. holding that the race of the prosecutor is irrelevant
E. holding that if an entity enjoys tribalsovereign immunity federal jurisdiction is otherwise irrelevant and dismissal of the suit is proper
Reply with [A, B, C, D, E] only.