Here, by Billy Stratten.
“Remembering the US soldiers who refused orders to murder Native Americans at Sand Creek” (The Conversation)
Here, by Billy Stratten.
Sand Creek
Tenth Circuit Briefs in Flute v. United States — Sand Creek Massacre Trust Accounting Claims
Federal Court Dismisses Sand Creek Massacre Trust Accounting Claims
Here is the order in Flute v. United States (D. Colo.):
An excerpt:
In the absence of an enforceable trust, 25 U.S.C. §§ 162a(d) and 4044 do not impose a legally required duty necessary to establish a waiver of sovereign immunity under the APA. See Norton, 542 U.S. at 63–64. Furthermore, plaintiffs’ claims do not concern “losses to or mismanagement of trust funds” and thus do not fall within the 2009 DOI Appropriations Act. See Pub.L. No. 111–88, 123 Stat. at 2922. Finding that the United States has not waived sovereign immunity for this suit, the Court concludes that it lacks jurisdiction over plaintiffs’ claims and must dismiss them without prejudice. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir.2006) ( “[W]here the district court dismisses an action for lack of jurisdiction … the dismissal must be without prejudice.”).
Briefs here. Other materials here.
Briefing Complete in Federal Motion to Dismiss Sand Creek Claims
Here are the briefs in Flute v. United States (D. Colo.):
Flute Opposition to Motion to Dismiss
The complaint is here.
Sand Creek Descendants File Brief in Support of Historic Claims
Here is the opposition to the government’s motion to dismiss in Flute v. United States (D. Colo.):
Federal Government’s Motion to Dismiss Claims re: Sand Creek Massacre
Flute v. United States: Suit by Sand Creek Massacre Descendants for Accounting of Promised Funds
Here:
An excerpt:
Plaintiffs file this Complaint seeking an accounting of those monies the United States of America solemnly agreed to pay to each of Plaintiffs’ ancestors as reparations for a massacre of Native American citizens at Sand Creek, Colorado by members of the federal army.
Turtle Talk 