Winnemucca Indian Colony, Chairman Willis Evans v. United States
Published: Aug. 2, 2014 | Result Date: Jul. 8, 2014 | Filing Date: Jan. 1, 1900 |Case number: 13-874 Bench Decision – Dismissal
Court
U.S. Court of Federal Claims
Attorneys
Plaintiff
Defendant
Facts
Winnemucca Indian Colony and Chairman Willis Evans filed a complaint against the United States for alleged breach of trust.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that the U.S. Bureau of Indian Affairs failed to recognize the Colony's tribal government and allowing non-Colony members to occupy and use Colony land. Plaintiffs alleged that the Bureau's conduct amounted to a breach of trust and a breach of fiduciary duty.
DEFENDANT'S CONTENTIONS:
The U.S. moved to dismiss the complaint for lack of subject matter jurisdiction by virtue of a Nevada lawsuit filed by plaintiffs against the U.S. that alleged the same operative facts.
Damages
Plaintiffs sought $108 million in damages, and a declaratory judgment entitling the Colony to past, present, and future compensation.
Result
The court determined that the first, second, and third claims in plaintiff's complaint arose from the same operative facts as those set forth in the amended complaint filed in the Nevada litigation. As such, the ongoing dispute barred litigation of this lawsuit. Next, the court dismissed plaintiffs' third and fourth claims for lack of subject matter jurisdiction.
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