Federal Circuit Rejects Another Harvest Institute Freemen Federation Claim

Here are the materials in Warrior v. United States/Harvest Institute Freedmen Federation v. United States:

Fed Circuit Opinion

Warrior Brief

US Brief

Warrior Reply

Harvest Institute Freedmen Cert Petition (Challenge to Cobell Settlement)

Here is the petition in Harvest Freedmen Institute v. United States:

Harvest Inst. Freedmen Cert Petition

Lower court materials here.

Harvest Institute Freedman v. Salazar, Sixth Circuit

The Sixth Circuit dismissed the Harvest Institute Freedman Federation’s claim against the Cobell v. Salazar settlement:

The Harvest plaintiffs claim that the Freedmen were wrongfully excluded from ownership of the IIM Accounts due to racism, and that it perpetuates racial discrimination for Congress to not address their claims at the same time that it addresses the claims of the Cobell class. Along with their Complaint, the Harvest plaintiffs moved the district court for a temporary restraining order; the United States responded by filing Rule 12(b)(1) and 12(b)(6) motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim, respectively.

Brief of Appellants

Brief of Appellees (Government)

Reply Brief

Opinion (unpublished)

Federal Circuit Rejects Treaty Claims in Harvest Inst. Freedmen Federation

Here is the unpublished order. The Federal Circuit had previously ruled against the plaintiffs (and the Supreme Court had denied cert) here, but the plaintiffs asserted that the D.C. Circuit’s 2009 decision in Cobell v. Salazar had changed the law. It did not, according to the Federal Circuit.

Harvest Inst. Freedmen Federation v. United States Cert Petition

This has no chance of being granted, but it’s interesting anyway — Harvest Institute Freedmen Federation v United States Cert Petition.

The question presented:

The claims in this action were brought on behalf of representatives of persons formerly held in bondage by the so-called “Five Civilized” Indian Tribes, hereinafter “Freedmen.” The Freedmen were beneficiaries of the various trusts established between the Five Civilized Tribes and the United States by 1866 treaties, which were later modified by further allotments in 1902. The question presented is whether the United States Court of Appeals for the Federal Circuit erroneously affirmed dismissal under28 U.S.C. §2501 of Petitioners’ claims without addressing in any manner whatsoever Petitioners’ Repudiation Rule argument that the statute of limitations does not begin to run on claims by a trust beneficiary like Petitioners’, against a trustee, here the United States, to enforce the terms of a trust until, the trustee repudiates the trust relationship, something that to date the United States has not done.

Here are the district court materials and and the Federal Circuit decision.

Freedmen Claim Against United States Dismissed (Fed. Cl.)

The case is Harvest Institute Freedmen Federation v. United States. The court dismissed the claim under FRCP 12(b)(1) — failure to state a claim — but not on the government’s statute of limitations claim. Here are the materials:

1866 Freedmen Agreement

US Motion to Dismiss

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