Cert Petition in Trust Accounting Claim for Sand Creek Descendants

Download petition for a Writ of Certiorari here.

Questions presented:

Whether a treaty promise to pay reparations to a group of Native Americans in the form and amount that is “best adapted to the respected wants and conditions of” said group of Native Americans, and subsequent appropriation of funds by Congress to pay such reparations, create a fiduciary relationship between the United States and said group of Native Americans.

Whether the Administrative Procedures Act waives the United States’ immunity from suit for accounting claims regarding trust mismanagement that begun before the enactment of the Act.

Whether a set of Appropriations Acts by Congress that defer the accrual of trust mismanagement claims against the United States operates as a waiver of the United States’ immunity from suit.

Previous posts in re Flute v. U.S. here.

About Sarah M Donnelly

Program Coordinator for the Indigenous Law and Policy Center at Michigan State University College of Law.
This entry was posted in Author: Sarah Donnelly, Research, sovereign immunity, Supreme Court, treaty rights, trust relationship and tagged , , , , . Bookmark the permalink.

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