Oglala Sioux Tribe v. US Army Corps of Eng'rs., No. 08-5133

In an action by a Sioux Indian tribe seeking a declaration that the 1889 Act of Congress dissolving the Great Sioux Reservation never took effect, the dismissal of the complaint is affirmed where the Indian Claims Commission Act of 1946 imposed a 5-year limitations period on Indian claims then existing and arising, and that period expired.

Read Oglala Sioux Tribe v. US Army Corps of Eng'rs., No. 08-5133

Appellate Information

Argued February 12, 2009

Decided June 26, 2009

Judges

Opinion by Judge Randolph

Partial concurrence and partial dissent by Judge Tatel

Counsel

For Appellant:

Mario Gonzalez, Oglala Sioux Tribe, Pine Ridge, SD

Patricia Marks, Oglala Sioux Tribe, Pine Ridge, SD

For Appellee:

Robert J. Lundman, Attorney, U.S. Department of Justice, Washington, DC

Katherine Hazard, Attorney, U.S. Department of Justice, Washington, DC