Tanner-Brown v. Zinke

709 F. App'x 17
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 12, 2017
DocketNo. 16-5040
StatusPublished
Cited by6 cases

This text of 709 F. App'x 17 (Tanner-Brown v. Zinke) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tanner-Brown v. Zinke, 709 F. App'x 17 (D.C. Cir. 2017).

Opinion

JUDGMENT

Per Curiam

This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs filed by the parties. See Fed. R. App. P. 34(a)(2); D.C. Cir. R. 34(j). The court has accorded the issues full consideration and determined they do not warrant a published opinion. See D.C. Cir. R. 36(d). For the reasons stated below, it is

ORDERED AND ADJUDGED that the judgment of the district court be AFFIRMED.

I.

Leatrice Tanner-Brown and the Harvest Institute Freedman Federation (Federation) brought this putative class action asserting that the Department of the Interi- or must account for oil and gas revenues that may have been due a century ago to Black Freedmen members of formerly slaveholding Indian tribes. Tanner-Brown’s claimed interest in the case arises through her" grandfather, George Curls, son of former Cherokee slaves and an enrolled member of the Cherokee tribe who owned sixty acres of land in Nowata County, Oklahoma, from 1910 until 1919. The Federation appears here as an organization “formed for the specific purpose of seeking redress through the courts” that has “conducted research” and “provided financing and required legal resources, including counsel, to advocate on behalf of Freedmen.” J.A. 5.

The complaint alleges that Curls was thirteen years old when he received a sixty-acre allotment “under the Curtis Act” of 1898, J.A. 4, which cleared the way for lands owned by certain tribes, including the Cherokee, to be parceled out to individual tribal members, see Muscogee (Creek) Nation v. Hodel, 851 F.2d 1439, 1441-42 (D.C. Cir. 1988). A 1908 statute lifted restrictions on Freedmen buying and selling those allotments, creating conditions under which speculators swindled many of the new landowners. See Act of May 27, 1908, 35 Stat. 312 (1908) (the 1908 Act); Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316, 331, 128 S.Ct. 2709, 171 L.Ed.2d 457 (2008). The same statute took a more protective approach toward allotment-holders who were not yet adults.

Plaintiffs contend that the protections spelled out in Sections 2 and 6 of the 1908 Act gave the Department of the Interior a fiduciary duty to monitor and control any leasing activity on minor Freedmen’s allotments, and specifically to keep records of any oil and gas royalties derived therefrom. They allege that the Department failed to abide by its fiduciary responsibilities to George Curls and other Freedmen minors, and so owes an accounting to Tanner-Brown and other similarly situated descendants.

The district court, holding that both Tanner-Brown and the Federation lacked standing, dismissed the suit. See Tanner-Brown v. Jewell, 153 F.Supp.3d 102 (D.D.C. 2016). Its order was final and appealable. See Attias v. Carefirst, Inc., 865 F.3d 620, 625 (D.C. Cir. 2017).

II.

To establish standing to sue in federal court, plaintiffs must show that they “(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.” Spokeo, Inc. v. Robins, — U.S.-, 136 S.Ct. 1540, 1547, 194 L.Ed.2d 635 (2016). Plaintiffs bear the burden to establish standing. Id.

The district court correctly held that Tanner-Brown failed to allege at least the first element, injury in fáct. It gave two independent reasons. First, any injury Curls might have suffered did not confer standing on Tanner-Brown, who offered no theory of how Curls’s injury affected any concrete interest of hers. Second, Tanner-Brown failed to allege that Curls suffered harm from the Department’s alleged accounting failures; neither the complaint nor the archival material Tanner-Brown later submitted contained any basis for concluding that oil or gas leasing (triggering the claimed accounting duty) ever occurred on his land.

On appeal, Tanner-Brown’s principal contention is that the district court erred in giving little weight to a letter she received acknowledging her status as a potential claimant in a separate, long-running class action, the Cobell litigation. In Cobell, various classes of Native Americans successfully claimed entitlement to an accounting from the Department of the Interior as required by the American Indian Trust Fund Management Reform Act of 1994. See Cobell v. Jewell, 802 F.3d 12, 16 (D.C. Cir. 2015); Cobell v. Norton, 240 F.3d 1081, 1086-89 (D.C. Cir. 2001). The letter confirmed her eligibility to receive a settlement payout as a member of that case’s “Trust Administration Class.” Tanner-Brown contends that her receipt of that letter establishes her entitlement to seek analogous relief in this litigation as well.

The district court correctly held the letter does not establish that Tanner-Brown had suffered any injury supporting standing for the purposes of this suit. The letter does not say why Tanner-Brown was deemed eligible to participate in the Trust Administration Class, makes no connection between that eligibility and Curls’s land, and elsewhere says Tanner-Brown had not proven herself to be “an heir to a[n] ... individual who owned restricted or trust lands.” J.A. 199. And Tanner-Brown has provided no other information that might contextualize the letter or show it to be relevant. We thus agree with the district court that Tanner-Brown failed to allege “how the injury [she] purportedly suffered in connection with the claims in Cobell” serves to establish an “injury suffered in connection with [her] claim in this case.” Tanner-Brown, 153 F.Supp.3d at 110-11.

Tanner-Brown cites, as additional relevant authority, a district court’s recent conclusion that descendants of Cherokee Freedmen have tribal citizenship rights equal to those of native Cherokees. See Cherokee Nation v. Nash, 267 F.Supp.3d 87 (D.D.C. 2017). Accepting as much, and crediting for current purposes plaintiffs’ allegations that George Curls was an enrolled Cherokee, this recent court decision does not appear to cure the defects in Tanner-Brown’s standing. As with the Cobell letter, she fails to connect the Cherokee Nation opinion — in a different case, presenting different facts and raising different legal issues — to a theory of standing in this case.

Cobell, Cherokee Nation, and other cases show that some injustices akin to those described in Tanner-Brown’s complaint are real and, when legally actionable and factually proved, may be redressed in federal court. But Tanner-Brown’s suit cannot go forward unless she first establishes her standing to seek the particular relief at issue under her stated legal theory. Her complaint fails to satisfy that threshold requirement.

Tanner-Brown’s other arguments similarly fall short of establishing her standing. She claims that Curls was owed an accounting and hence that she, as his heir, is now entitled to it.

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Cite This Page — Counsel Stack

Bluebook (online)
709 F. App'x 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tanner-brown-v-zinke-cadc-2017.