Court of Federal Claims Dismisses Pro Se Treaty Rights Claim

Here are the available materials in Walking Eagle v. United States (Fed. Cl.):

1 Complaint

14 DCT Order

The remaining pleadings are sealed.

An excerpt from the opinion:

Plaintiff, Clarence Walking Eagle, Jr., is a Sioux Native American in the Fort Peck Sioux Tribe and resides on Fort Peck in Brockton, Montana. Appearing pro se, he filed his complaint on August 8, 2016, seeking $10,000,000.00 in compensatory damages under various treaties and statutes due to, among other alleged wrongs, “being unlawfully alienated from the exclusive use and benefit of [his] trust land and exposed to foreign jurisdiction without consent for the benefit of non-Indian concerns for almost ninety-nine years.” Pl.’s Compl. ¶ 48. Plaintiff also seeks $10,000,000.00 in punitive damages and various forms of equitable relief, such as an order restraining state law enforcement agencies from exercising jurisdiction within the boundaries of Fort Peck.
On December 5, 2016, defendant filed a motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, arguing that plaintiff’s claims accrued outside this court’s six-year statute of limitations and that plaintiff is precluded from bringing these claims due to his participation in the Cobell class-action settlement, which is described in more detail below. See Cobell v. Salazar, No. 96-1285(TFH), 2011 WL 10676927 (D.D.C. July 27, 2011); Def.’s Mot. to Dismiss (“Def.’s Mot.”) Ex. 4 (copy of the Cobell settlement agreement). We agree and deem oral argument on this motion unnecessary. Because we find that plaintiff’s claims accrued outside of this court’s six-year statute of limitations and that, in any event, plaintiff is precluded from bringing these claims due to the Cobell settlement agreement, we grant defendant’s motion to dismiss.
This entry was posted in Author: Matthew L.M. Fletcher, Research, treaty rights, trust relationship and tagged , , , . Bookmark the permalink.

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