Winnemucca Indian Colony v. United States

Winnemucca Indian Colony v. United States Cert Petition

Matthew L.M. Fletcher

Here:

Winnemucca v US Cert Petition.pdfDownload

Questions presented:

(1) Is the United States’ promise to provide the Winnemucca Indian Colony, a federally recognized Tribe with lands held in trust established by an Executive Order and a separate legislative act, coupled with the government’s nearly exclusive statutory and regulatory control over the water on Indian lands, sufficient to entitle an Indian tribe to money damages when the United States breaches its fiduciary duty to protect the natural resources on those Indian lands?

(2) Did the Federal Court of Appeals, Federal Circuit, err when it affirmed dismissal of the Winnemucca Indian Colony’s third claim for relief – Breach of Trust – Water?

(3) Can the Winnemucca Indian Colony state a cognizable claim for breach of trust against the United States in relation to BIA failure to prevent trespass and theft of natural resources by third parties, under the Winters doctrine and 25 C.F.R. § 152.22?

Lower court materials here.

Federal Circuit Affirms Dismissal of Winnemucca Indian Colony v. United States

Matthew L.M. Fletcher

Here are the materials:

FedCir Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Court of Federal Claims Dismisses Suit against U.S. Arising from Winnemucca Leadership Dispute

Matthew L.M. Fletcher

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

22 First Amended Complaint.pdfDownload
23 US Motion to Dismiss.pdfDownload
25 Response.pdfDownload
28 Reply.pdfDownload
39 CFC Opinion.pdfDownload

Ninth Circuit Decides Winnemucca Indian Colony v. United States [leadership dispute]

Matthew L.M. Fletcher

Here is the unpublished opinion in Winnemucca Indian Colony v. United States.

Briefs here.

Ninth Circuit Briefs in Winnemucca Indian Colony v. United States [leadership dispute]

Matthew L.M. Fletcher

Here:

Opening Brief

Appellee Brief

Reply

Oral argument:

Lower court materials here.

Federal Claims Court Dismisses Winnemucca Trust Breach Claim arising from Alleged Failure to Recognize Proper Tribal Council

Matthew L.M. Fletcher

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

1 Complaint

9-1 US Motion to Dismiss

15 Opposition

21 US Reply

23 DCT Order Granting Motion to Dismiss

An excerpt:

The government argues that Counts One, Two, and Three of the pending case must be dismissed under § 1500 because those Counts raise claims that are the same as the claims pending in the Nevada litigation. Plaintiffs contend that the claims in both lawsuits are not the same and therefore Counts One, Two, and Three need not be dismissed. In addition, the government argues that Counts Three and Four must be dismissed for lack of jurisdiction because they seek equitable relief and a declaratory judgment that are outside the jurisdiction of this court. Plaintiffs did not respond to the government’s arguments regarding this court’s lack of jurisdiction over Counts Three and Four.3 For the reasons discussed below, the court agrees with the government that § 1500 bars the court from considering Counts One, Two, and Three of plaintiffs’ complaint and that Counts Three and Four also must be dismissed as seeking relief outside the jurisdiction of the court. The government’s motion to dismiss the complaint is therefore GRANTED.