Oahe Dam and Reservoir

Trust Breach Claims for Compensation re: Flooding of Cheyenne River Sioux Reservation Dismissed

March 19, 2015March 17, 2015Matthew L.M. Fletcher

Here are the materials in LeBeau v. United States (D. S.D.):

An excerpt:

Plaintiffs’ claims accrued decades ago and are therefore barred by the statute of limitations. As this court stated in 2013, it is sympathetic to the claims made by plaintiffs. But even sympathetic claims must comply with jurisdictional requirements. Because there is no valid waiver of sovereign immunity, this court has no jurisdiction to entertain this suit. Plaintiffs may deserve compensation, but that compensation must come from Congress.

Prior suit materials are here.

Federal Court Dismisses Challenge to Cheyenne River Sioux Equitable Compensation Act

September 10, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in LeBeau v. United States (D. S.D.):

1 Complaint

17 US Motion to Dismiss

20 Opposition

25 US Reply

32 DCT Order Dismissing Complaint

An excerpt:

Plaintiffs brought suit against the United States alleging claims for breach of trust obligations, breach of fiduciary duty, and accounting. The relief sought by plaintiffs is limited to declaratory and equitable relief. The United States moves to dismiss plaintiffs’ complaint in its entirety, arguing plaintiffs lack standing, among other things. Plaintiffs resist the motion. For the following reasons, the motion is granted, and plaintiffs’ claims are dismissed without prejudice.