Established May 20, 1886
RECENT NEWS OR WEBSITE CHANGES
The PETITION FOR WRIT OF CERTIORARI that was filed August 31, 2016 has been DISTRIBUTED for CONFERENCE of November 4, 2016.
Petitioners' Reply Brief to the Respondent Lower Sioux Indian Community's Brief Filed In Opposition is available for download at the [Court info 2016] link above.
An updated "SCOTUS Proceedings and Orders" is available for download at link [Court info 2016].
Comments in the October 5, 2016 posting on the [Court info 2016] were modified this date.
Brief of respondent Lower Sioux Indian Community filed in opposition. See link [Court info 2016] on the navigation bar above.
Recap notes from the First Saturday Meeting on October 1st notes have been added. See link [First Saturday] on the navigation bar above.
Below is a link to a WDAZ TV news article. South Dakota newspapers in Alexandria and Grand Forks published the same information. The Minneapolis Star Tribune published a shorter article.
Sioux wants Supreme Court
to grant them promised land
in heart of Minnesota
PETITION FOR WRIT OF CERTIORARI filed August 31, 2016 by Erick G. Kaardal, Attorney for Petitioners.
Click on the [Court info 2016] link to download the document.
08/30/2016: PRESS ADVISORY - For Immediate Release
PRESS CONFERENCE TOMORROW: THE LOYAL MDEWAKANTON WILL FILE PETITION ON AUGUST 31 IN U.S. SUPREME COURT
Sheldon Peters Wolfchild and other loyal Mdewakanton lineal descendants will file on August 31, 2016 in the U.S. Supreme Court their petition for writ of certiorari to review an appellate decision denying their 12 square miles land claim in Redwood County. The Loyal Mdewakanton have based their federal common law trespass and ejectment claims on the U.S. Secretary of the Interior in 1865 setting apart 12 squares miles for the loyal Mdewakanton under the February 1863 Act which states “[t]he land so set apart…shall be an inheritance to those Indians and their heirs forever.”
Therefore, the petition presents the following legal question which, if answered by the U.S. Supreme Court, will dramatically improve legal rights and protections for American Indians nationwide:
Whether federal common law claims of trespass and ejectment are available to American Indians when Congressional Acts specifically identify the American Indian group to which land is awarded and when the public lands are actually set apart for their permanent occupancy.
Attorney Erick G. Kaardal comments, “The filing of this petition represents a breakthrough for American Indians and their land rights. Heretofore, the federal courts have never guaranteed federal common law claims of trespass and ejectment to American Indians who occupy land by treaty and statute. The Wolfchild petition provides an opportunity for the U.S. Supreme Court to recognize, ‘No more. American Indians have these federal common law claims in federal court to safeguard and protect the occupancy of these lands given to these American Indians by treaty and statute.’”
The Minnesota Mdewakanton Dakota Oyate have scheduled a press conference tomorrow as follows:
August 31, 2016 at 10:00 a.m.
State Office Building, Room 181
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
Contact: Erick G. Kaardal, Attorney; 150 South Fifth Street, Suite 3100; Minneapolis, Minnesota 55402; Telephone: 612-341-1074; email: firstname.lastname@example.org
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Minnesota Mdewakanton Dakota Oyate
P. O. Box 17115, St. Paul, MN 55117
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