Minnesota Mdewakanton Dakota Oyate Litigation
Wolfchild, et al. v. United States

Notes by

Erick G. Kaardal

 

May 20, 2014

Dear all:

Today is an historic day for the Loyal Mdewakanton people.  

We met at the historic Fort Snelling at noon to announce the filing of the "Wolfchild II" lawsuit claiming the Loyal Mdewakanton's 12 square mile reservation in Redwood County, Renville County and Sibley County. 

A copy of the verified complaint is attached.   It is very important to read it -- including the exhibits.

Please check back to this website for updates.

Sincerely,

egk

 

May 14, 2014

Dear all:

Greetings. 

I am inviting you all to gather once again for the following two events next Tuesday, May 20th -- the 128th anniversary of the May 20, 1886 census. 

If you can just make one of the events, that's fine too.

Event #1: 

Tuesday, May 20

Time:  12:00 noon - 1 p.m.

Purpose:  Announcement

Location:  Historic Fort Snelling

                       

At this event, I will make a major announcement regarding Wolfchild v. U.S.   This event will be held oudoors at the historic fort location weather permitting. Parking is available at the Visitors Center parking lot.

Event #2:

Tuesday, May 20 

Time:  2:00 - 4:00

Purpose:  Pot Luck 128th Anniversary Luncheon

Location:  St. Peter's Catholic  Church, 1405 Sibley Memorial Hwy, St. Paul, MN  55120

A pot luck 128th Anniversary luncheon will be held at St. Peter's and Erick will provide additional information. 

I hope to see you all there.  :)

egk

 

March 20, 2014

Dear all:


The petitions for writ of certiorari were denied by the U.S. Supreme Court today.

This ends the Wolfchild litigation which started in 2003. 

Thank you for your support.

egk

 

February 15, 2014

Dear all:

The responses are in to the Wolfchild petition to the U.S. Supreme Court. 

First, the government filed a waiver of response.  The U.S. Supreme Court may require it to respond.

Second, University of St. Thomas Law School Professor Gregory Sisk filed a supportive amicus curiae brief.

Third, the Historic Shingle Springs Miwok filed a supportive amicus curiae brief.

We now wait for the U.S. Supreme Court to respond.

Thank you for your patience.

egk

 

December 26, 2013

Dear all:

Congratulations -- to all of us!

We completed and filed the Petition for Writ of Certiorari. 


I have created a link to it in the far-right column.

I think it is very, very important that every Mdewakanton Band member read it and understand it. 

Please check back here for more communications.

Best regards.

egk

 

November 14, 2013

Dear all:

The Minnesota Mdewakanton Dakota Oyate is hosting a December fundraising event on Friday, December 6, 2013, 6:00 p.m., Redwood Area Community Center, 901 Cook Street, Redwood Falls, Minnesota (near Lower Sioux Indian Community reservation).

The purpose is to fund the Loyal Mdewakanton efforts in the Supreme Court of the United States. 

I will be there to provide an update on the litigation and how the U.S. Supreme Court process works.

The Redwood Area Community Center is on the east edge of town and is connected to Redwood Valley High School.  Lodging is available in town or on the reservation.

Donation checks should be made payable to Mohrman & Kaardal, P.A. and sent directly to our firm's address:

Mohrman & Kaardal, P.A.

33 South Sixth Street, Ste. 4100

Minneapolis MN 55402

Thank you.

egk

 

 

October 22, 2013

Dear all:

The Minnesota Mdewakanton Dakota Oyate is hosting a fundraising event on Saturday, November 9th, 1 p.m.,  at the Bloomington City Council Chambers. 

The purpose is to fund the Loyal Mdewakanton efforts in the Supreme Court of the United States.

The City of Bloomington City Hall is at 1800 Old Shakopee RoadIt is about  2 miles south of 494 on 35W  to exit #6 W. 98th St./Old Shakopee Rd.  The City Hall is west of 35W on Old Shakopee Road. The City Hall is on the right.

Donation checks should be made payable to Mohrman & Kaardal, P.A. and sent directly to our firm's address:

Mohrman & Kaardal, P.A.

33 South Sixth Street, Ste. 4100

Minneapolis MN 55402

Thank you.

egk

 

 

October 9, 2013

Dear all:

We plan to petition the U.S. Supreme Court for review of the decision of the U.S. Court of Appeals for the Federal Circuit. 

Due to mainly legal fees and costs for printing associated with filing a petition with the U.S. Supreme Court, we are engaging in a fund-raising campaign. 

Please immediately send your check payable to Mohrman & Kaardal, P.A. to cover the costs and legal fees associated with the U.S. Supreme Court petition to:

Mohrman & Kaardal, P.A.

33 South Sixth Street, Ste. 4100

Minneapolis MN 55402

I understand that a majority of the Plaintiffs are suffering tough financial times.  But, even small contributions of $2, $5 or $10 make a difference.  Of course, large contributions do too.  :)

We will have a fundraising event/update on Saturday, November 9th at the Bloomington City Council Chambers.

The City of Bloomington City Hall is at 1800 Old Shakopee RoadIt is about  2 miles south of 494 on 35W  to exit #6 W. 98th St./Old Shakopee Rd.  City hall is west of 35W on Old Shakopee Road.  City Hall is on the right.

It is very important that you attend.  In fact, I personally invite you to attend because you should know how important this U.S. Supreme Court petition is.  It is in a real sense our last, great hope.

Best regards.

egk

 

September 27, 2013

Dear all:

The Federal Circuit decision came out today.  We lost on all counts.  The decision was 2-1.  I have attached the decision in the right hand column.  Please check this website for updates.

Thank you.

egk

 

 

March 22, 2013

Dear all:

The hearing in the Federal Circuit in Washington D.C. for the appeal is now scheduled for May 6, 2013 at 10 a.m. It is open to the public.

Best regards.

egk

 

February 8, 2013

Dear all:

Please find linked in the right-hand column the United States response to motion to take judicial notice.

egk

 

February 4, 2013

Dear all:

I reorganized the right hand column a bit and added the U.S. Court of Federal Claims (CFC) decision on pending motions. The CFC decision was dated January 28, 2013.  At some point, we will find out when oral argument is scheduled.  Of course, the public is welcome to attend this oral argument in Washington D.C.

Thanks.

egk

 

February 1, 2013

Dear all:

Please see right-hand column for replacement reply brief in applelate court and motion.

egk

 

January 10, 2013

Dear all:

Please find linked in the right-hand column a copy of the Plaintiff-Intervenor's Reply Brief. 

egk

 

January 6, 2013

Dear all:

Please find linked in the right-hand column the Wolfchild reply brief on the cross-appeal. Thanks.

egk

 

January 2, 2013

Dear all:

Please find linked in the right hand column all five appellate briefs including the recently-submitted briefs:  government's answering brief to the cross-appeal and the Shakopee and Prairie Island Communities' amici curiae brief.  Best regards.

egk

 

November 21, 2012

Dear all:

Please note we received the responses of the government and the intervenor plaintiffs in the U.S. Court of Federal Claims. They are linked in the right hand column. Thanks.

egk

 

November 13, 2012

Dear all:

I have linked the newly-filed Brief of Appellees-Cross Appellants in the right hand column.  As you can see, activity is occuring in both the trial court and appellate court. Please check this website for updates.

Sincerely,

egk

 

 

Wolfchild II Lawsuit Statement

We met at the historic Fort Snelling at noon on May 20, 2014, to announce the filing of the "Wolfchild II" lawsuit claiming the Loyal Mdewakanton's 12 square mile reservation in Redwood County, Renville County and Sibley County.   A copy of the verified complaint is linked in the right hand column.

 

Wolfchild I Lawsuit Description

Lawsuit Description by
Erick G. Kaardal, Esq.

Fifth Amended Complaint

Dr. Barbara Buttes

  • Curriculum Vitae
  •  

    Beyond Sovereignty: The Mdewakanton Identity Heist

  • Introduction
    Prelude: Gambling on Tradition
    Chapter 1: A bonfire of the vanities of scholarship
  • Chapter 2: BIA, CYA, Blip
    Chapter 3: Close enough for Government work?
  • Chapter 4: A case of Misfeasance
    Chapter 5: Le Nouveau Mdewakanton Esprit de Corp
  • Appendices

Lower sioux resolution 07-251 (Passed on July 12, 2007)

 

Shakopee and Prairie Island Community Correspondence

Lakota Dakota Journal Documents

Notification of Change of Address or Name Change

IT IS CRITICAL THAT ALL PLAINTIFFS INFORM US OF ANY ADDRESS CHANGES

Complaint in Wolfchild II filed on May 20, 2014

U.S. Supreme Court Denied Petition for Writ of Certiorari in

Wolfchild I

Wolfchild Petition for Writ of Certiorari

U.S. Court of Appeals for Federal Circuit Decision -- September 27, 2013

U.S. Court of Appeals for Federal Circuit Briefs/Motions

U.S. Court of Federal Claims Post-Judgment Filings

Notices of Appeal

Corrected Wolfchild Opinion 8/18/11

  • U.S. Court of Federal Claims Opinion Dated 8/18/11

Wolfchild Plaintiffs' Reply Brief

Links of Interest