Here is the complaint in Two Shields v. United States (Fed. Cl.), a class action:
Two Shields Stamped Class Action Complaint.
The complaint seeks more than $400 million from the United States.
Here is the complaint in Two Shields v. United States (Fed. Cl.), a class action:
Two Shields Stamped Class Action Complaint.
The complaint seeks more than $400 million from the United States.
Here:
Here are the materials in Lummi Tribe v. United States (Fed. Cl.):
DCT Order Denying Motion to Dismiss (mostly)
An excerpt describing the claims:
This action is one of a dozen or more law suits currently pending before both this court and the United States District Court for the District of Colorado brought by various Indian tribes and tribal housing authorities to challenge actions by the United States Department of Housing and Urban Development (“HUD”) in calculating and seeking the repayment of grant funds paid to the tribes pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”), as amended, 25 U.S.C. §§ 4101-4212 (2006). In particular, plaintiffs in this case contend that HUD improperly determined that certain of plaintiffs’ housing units could not be included in their grant calculations, thereby depriving plaintiffs of funding to which they allegedly were entitled both under the payment mandates of NAHASDA and under their annual funding agreements.
Here are the materials in Pablo v. United States (Ct. Cl.):
Interesting argument, which in a nutshell is that the 1868 Treaty of Fort Laramie requires the United States to be responsible for “bad men” on the reservation, and therefore the federal government is liable for torts of bad white men on the reservation. The district court dismissed the action. Here are the materials in Richard v. United States (Fed. Cl.):
DCT Order Dismissing Richard Complaint
Here is that opinion from the Court of Federal Claims: Round Valley v US.
Here are the briefs:
Here is the opinion in McGuire v. United States (Fed. Cl.): McGuire v. United States
An excerpt:
Jerry McGuire brought this inverse condemnation claim nine years ago in a federal bankruptcy proceeding in district court in Arizona. He alleges that the government took his leased property by removing a bridge he used to access the northern portion of the property. He thus demands more than $2 million in compensation. After a trial and appeal, the United States Court of Appeals for the Ninth Circuit held that exclusive jurisdiction over the merits of McGuire’s claim rests in the United States Court of Federal Claims.McGuire v. United States, 550 F.3d 903, 906 (9th Cir. 2008). The Ninth Circuit therefore remanded the case with instructions to transfer it here, and this Court received it on June 10, 2009.
* * *
For the above stated reasons, the government’s Motion To Dismiss is DENIED, and the government’s Motion For Summary Judgment is DENIED in part and GRANTED in part. Issues of material fact exist as to whether a legally cognizable property interest exists for purposes of the Fifth Amendment, as to whether a taking by loss of access occurred, and as to whether a regulatory taking occurred under Penn Central. 438 U.S. at 124. The Court, however, finds that summary judgment for defendant is proper on the issue of McGuire’s claim for a categorical taking under Lucas. 505 U.S. at 1015. The Clerk is directed to act in accordance with the Court’s ruling.
Here is that complaint, filed in the Court of Federal Claims: Goodeagle v. US Complaint
An excerpt:
This is a lawsuit for money damages arising from Defendant’s breach of fiduciary and trust obligations owing to Plaintiffs, Grace M. Goodeagle, Thomas Charles Bear, Edwina Faye Busby, James E. Gilmore, Jean Ann Lambert, Florence Whitecrow Mathews, Ardina Revard Moore, and Fran Wood, and the class they represent, all of whom are enrolled Members of the Quapaw Tribe of Oklahoma (O-Gah-Pah), a federally recognized Indian nation. The claims arise from Defendant’s failure to properly manage amounts due and owing to the Quapaw Tribal members under leases, permits, and agreements and government actions or inactions relating to certain real property, personal property (including chat severed from the surface and mineral estate by mining), mineral rights, as well as other sums due and owing to them by operation of law. These claims also arise from Defendant’s serious and sustained mismanagement of the Quapaw Tribal members’ Individual Indian Money Accounts, trust accounts, and other monetary assets. These claims also arise from Defendant’s similar mismanagement of the natural resources and other assets on Quapaw Tribal members’ trust/restricted lands, including but not limited to the mismanagement arising from federally managed mining activities on Quapaw Tribal members’ land, resulting in the destruction of natural resources and the environment, including the ability of Tribal members to use the land and other resources for grazing or agricultural or any other economically beneficial purpose.
An accounting of Defendant’s historical management of Quapaw trust assets — as set forth in a report known as the Quapaw Analysis — recently was completed and accepted as final by the Office of Historical Trust Accounting of the United States Department of the Interior. That accounting report, the product of a settlement of a previous suit for an equitable accounting, identifies and details Defendant’s mismanagement of numerous sampled Tribal and individual Tribal member trust assets, including but not limited to Defendant’s failure to collect monies due and owing under leases, permits, and agreements for the Quapaw Tribe and for the restricted interest holders of 13 allotments and of the class they represent, the degradation of the natural resources on the land and the environment, and the waste and dissipation of other trust assets, all of which was the result of mismanagement and negligence by the Defendant. The substantive law governing the United States’ trust responsibilities that were breached in this case may be fairly interpreted as mandating monetary compensation for damages sustained as a result of the breach of those duties.
Here are the materials in Klamath Claims Committee v. United States (Fed. Cl.):
DCT Order Granting Partial Dismissal for US
USA Motion to Dismiss KCC Complaint
Here: Osage Damages Order
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