Sheldon Peters Wolfchild served as the lead plaintiff in a lawsuit that seeks the rights to land promised to the loyal Mdewakanton in Minnesota. Photo by Steven McGeary
It looks like it's the end of the road for a group of Mdewakanton descendants who have been seeking rights to the land promised to their ancestors. Without comment, the U.S. Supreme Court on Monday rejected a petition in Wolfchild v. Redwood County. The action, which came in an order, means the descendants are stuck with a ruling that denied them a right to sue for the land. In 1863, Congress promised 12 square miles of land in present-day Minnesota to the loyal Mdewakanton. But the land was never set aside for the people so the plaintiffs, led by Sheldon Peters Wolfchild, sought justice in the federal courts. Efforts to account for the land were initially successful in the early 2000s. But in recent years the courts have repeatedly ruled against the Wolfchild plaintiffs. The latest setback came from the 8th Circuit Court of Appeals in June. In a unanimous decision, a three-judge panel said the Wolfchild plaintiffs lacked a "private remedy" under the 1863 law that would have allowed them to assert rights to the land promised to their ancestors. "Because the loyal Mdewakanton are not entitled to a declaration of the exclusive right and title of the twelve square miles under the 1863 Act, the loyal Mdewakanton have no property rights upon which to base federal common law claims for ejectment and trespass," Judge Myron Bright wrote for the majority. The denial of the petition in Wolfchild v. Redwood County marks the third time that the Supreme Court has declined to hear the matter. 8th Circuit Court of Appeals Decision:
Wolfchild v. Redwood County (June 1, 2016)
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