Sheldon Wolfchild is the lead plaintiff in a lawsuit that seeks the rights to land promised to the loyal Mdewakanton in Minnesota. Photo by Steven McGeary
Dakota descendants in Minnesota who are seeking rights to the land promised to their ancestors secured a small victory in the long-running case. On June 1, the 8th Circuit Court of Appeals ruled that the plaintiffs and attorneys in the Wolfchild case do not have to pay sanctions of more than $281,000. A federal judge had said their claims were "frivolous" but the court said that wasn't the case. "Appellants and their counsel have made good-faith, nonfrivolous arguments distinguishing, calling for modifications, or seeking extensions of existing law," Judge Myron H. Bright wrote in the unanimous decision. "We, therefore, conclude the district court abused its discretion when it imposed sanctions upon Appellants and their counsel." But the court upheld the dismissal of the underlying issue in the dispute -- whether the loyal Mdewakanton can pursue rights to the 12 square miles that were promised to their ancestors. Bright said Congress did not provide a "private remedy" when it set aside the lands in 1863.
Indianz.Com SoundCloud: 8th Circuit Court of Appeals Oral Arguments in Sheldon Wolfchild v. Redwood County December 17, 2015
"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," the decision stated. The Wolfchild plaintiffs named several municipalities, dozens of individuals and the Lower Sioux Indian Community as defendants. Some of the land that was promised in the 1863 is now part of the reservation of the Lower Sioux Indian Community, whose leaders opposed the lawsuit. The tribe cited sovereign immunity in response to the lawsuit but the 8th Circuit said it didn't need to decide that issue because the plaintiffs failed to state a claim for relief. Turtle Talk has posted briefs from the case, Wolfchild v. Redwood County. Get the Story:
U.S. appeals court issues mixed ruling in Indian lands case (The Minneapolis Star Tribune 6/3) 8th Circuit Court of Appeals:
Wolfchild v. Redwood County (June 1, 2016)
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