OF THE SIOUX NATION
WHO REMAINED IN MINNESOTA
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This page contains a synopsis of the three verified complaints filed in the federal courts.
On November 18, 2003 a verified complaint was filed in U. S. Court of Federal Claims, Washington, D.C. seeking damages for breaches in U.S. trust responsibility in relation to the
Mdwakanton Dakota Band of the Great Sioux Nation. Defendant in the lawsuit was the United States (Department of Interior).
Lead plaintiffs in the lawsuit were Sheldon Peters Wolfchild, Scott Adolphson, Barbara Buttes, Ernie Peters Longwalker, and Morris Pendleton. Certified clients of Mohrman & Kaardal was added as "et al" plaintiffs.
Several Plaintiff-Intervenors eventually joined the lawsuit. Several twists and turns took place during 10+ years of litigation, most of which happened in the Federal Circuit Court of Appeals. Washington, D.C.
On April 8, 2014 an order of final judgment was signed by Judge Charles F. Lettow in Defendant's favor. The order was issued in light of the disposition of the case by Court of Appeals.
A subsequent petition for a writ of certiorari at the U. S. Supreme Court was denied.
On May 20, 2015 a verified complaint was filed in U.S. District Court, District of Minnesota regarding 12 sections of land located in three counties in the middle of the state of Minnesota.
Plaintiffs were Scott Adolphson, Barbara Buttes, Ernie Peters Longwalker, Morris Pendleton, Thomas Smith, Sheldon Peters Wolfchild on behalf of themselves and all others similarily situated.
Defendants were (1) Redwood County, Paxton Township, Sherman Township, Honner Township, Renville County, Birch Cooley Township, Sibley County, Moltke Township, (2) Landowners occupying the 12 sections of land,
(3) Lower Sioux Indian Community and (4) Episcopal Diocese of Minnesota.
The Eighth District Court of Appeals ordered and adjudged that the judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court.
In essence, the lawsuit was ruled in favor of the Defendants.
A subsequent petition for a writ of certiorari at the U. S. Supreme Court is denied.
On November 23, 2016 a verified complaint was filed in the United States District Court for the District of Columbia to cause the United States (Department of Interior) to acknowledge MSIM's existence and to enjoin the United States from continuing arbitrary decisions without informing the MSIM that have the consequence of adversely affecting the rights or potential rights of the MSIM. Plaintiffs were the Mdewakanton Sioux Indians of Minnesota (MSIM), Margo Bellanger, Tina Jefferson and Michael J. Childs, Jr. Defendants were the U. S. Secretary of Interior and the U. S. Attorney General
On September 1, 2017 by two documents separately and contemporaneously issued, a MEMORANDUM OPINION and an ORDER, ruled in favor of Defendants' Motion to Dismiss (construed by the Court as a Motion for Summary Judgment) and Defendants' Request for Judicial Notice.
As of January 24, 2018, no further action has been initiated by Plaintiffs.
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