DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151580P.pdf 06/01/2016 Sheldon Wolfchild v. Redwood County
U.S. Court of Appeals Case No: 15-1580
and No: 15-2375
and No: 15-3225
and No: 15-3277
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bright, Author, with Wollman and Loken, Circuit Judges]
Civil case -Indian law. The long and complicate history of this case and
plaintiffs' attempt to claim title to twelve square miles of land in South
Minnesota is set out in Wolfchild v. United States, 731 F.3d 1280 (Fed.
Circ. 2013), cert. denied, 134 S.Ct 1516 (2014). The district court did
not err in finding plaintiffs failed to state a claim under the federal
common law as set out in Oneida Indian Nation v. County of Oneida, 414
U.S. 661 (1974) and its progeny; the Act of February 16, 1863 does not
create a private right of action to members or descendants of the loyal
Mdewakanton Sioux; the district court erred in imposing sanctions against
the plaintiffs as they set made good-faith, non-frivolous arguments
distinguishing, calling for modifications or extensions of existing law;
remanded for a determination of whether defendants are entitled to costs
under Rule 54(d) and 28 U.S.C. Sec. 1920.