federal trust breach – Page 4

Materials in Cherokee Nation Trust Breach Claims against Interior

August 29, 2017August 29, 2017Matthew L.M. Fletcher

Here are the materials so far in Cherokee Nation v. Dept. of Interior (W.D. Okla.):

1 Complaint

51-1 Motion to Dismiss

55 Cherokee Motion to Strike Exhibits

58 US Response to Motion to Strike

59 Cherokee Reply in Support of Motion to Strike

63 Cherokee Response to Motion to Dismiss

Federal Circuit Rejects Wyandot Nation of Kansas Trust Claims

June 8, 2017Matthew L.M. Fletcher

Here is the opinion in Wyandot Nation of Kansas v. United States.

An excerpt:

The Wyandot Nation of Kansas (“Wyandot Nation”) is a Native American tribe allegedly tracing its ancestry to the Historic Wyandot Nation. It claims to be a federally recognized Indian tribe and a successor-in-interest to all of the treaties between the Historic Wyandot Nation and the United States. On June 1, 2015, Wyandot Nation filed a complaint in the United States Court of Federal Claims alleging that the United States had breached its trust and fiduciary obligations with respect to two trusts that resulted from prior treaties, including one related to amounts payable under a treaty signed in 1867 and one related to the Huron Cemetery. The Court of Federal Claims dismissed without prejudice for lack of jurisdiction and standing. Wyandot Nation appeals. We affirm.

Briefs here.

Ninth Circuit Rejects Mishewal Wappo Trust Breach Claim

April 26, 2017April 25, 2017Matthew L.M. Fletcher

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Zinke:

Briefs:

Other posts with lower court materials here.

Cert Petition in Trust Accounting Claim for Sand Creek Descendants

June 27, 2016Sarah M Donnelly1 Comment

Download petition for a Writ of Certiorari here.

Questions presented:

Whether a treaty promise to pay reparations to a group of Native Americans in the form and amount that is “best adapted to the respected wants and conditions of” said group of Native Americans, and subsequent appropriation of funds by Congress to pay such reparations, create a fiduciary relationship between the United States and said group of Native Americans.

Whether the Administrative Procedures Act waives the United States’ immunity from suit for accounting claims regarding trust mismanagement that begun before the enactment of the Act.

Whether a set of Appropriations Acts by Congress that defer the accrual of trust mismanagement claims against the United States operates as a waiver of the United States’ immunity from suit.

Previous posts in re Flute v. U.S. here.

Federal Circuit Decides Two Shields v. United States

April 27, 2016Matthew L.M. Fletcher2 Comments

Here is the opinion.

An excerpt:

Appellants Ramona Two Shields and Mary Louise Defender Wilson brought this action against the United States, seeking redress for themselves and other Native Americans in connection with the government’s alleged mismanagement of oil-and-gas leases on Indian allotment land. The United States Court of Federal Claims found in favor of the government, granting summary judgment on Count I and dismissing Counts II and III. J.A. 1–30. We affirm.

Briefs and other materials here.

US Granted 18 Months to Complete Osage Headright Trust Accounting

March 15, 2016Matthew L.M. Fletcher1 Comment

Here are the updated materials in Fletcher v. United States (N.D. Okla.):

1285 US Motion to Alter Judgment

1289 Fletcher Motion to Alter Judgment

1294 US Response

1295 Fletcher Response

1304 Fletcher Reply

1305 US Reply

1306 DCT Order

Underlying order here.

Indian Trust Breach Claim over Estate in Probate Deferred until Conclusion of Admin. Proceedings

February 29, 2016Matthew L.M. Fletcher

Here are the materials in Fredericks v. United States (Fed. Cl.):

7 US Motion to Dismiss

15 Response

17 Reply

39-1 US Supplemental Brief

43 DCT Order

Feds Owe Duty to Account to Individual Osage Headright Owners

January 5, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in Fletcher v. United States (N.D. Okla.):

1262 Fletcher Brief on the Merits

1266 Federal Response Brief on the Merits

1274 Fletcher Reply

1280 DCT Order

Tenth Circuit Affirms Dismissal of Sand Creek Massacre Trust Claims

December 23, 2015Matthew L.M. Fletcher

Here is the opinion in Flute v. United States.

An excerpt:

This case arises out of an ignominious event in the history of this Nation. In 1864, the United States Army conducted an unprovoked attack on a group of unarmed Indians, who had relocated to an area next to the Sand Creek River in the Territory of Colorado at the direction and under the protection of the Territorial Governor. When what has become known as the Sand Creek Massacre was over, most of the Indians were dead, including many women and children. After an investigation, the United States publicly acknowledged its role in the tragedy and agreed to pay reparations to certain survivors of the massacre. But those reparations were never paid.

Plaintiffs are descendants of the victims of the 1864 Sand Creek Massacre and bring this action for an accounting of the amounts they allege the U.S. government holds in trust for payment of reparations to their ancestors. Because the United States has not waived its sovereign immunity, we affirm the district court’s dismissal of such for lack of subject matter jurisdiction.

Briefs here.