The Sioux Tribe of Indians, Oglala Sioux Tribe and Rosebud Sioux Tribe v. The United States

862 F.2d 275, 1988 U.S. App. LEXIS 15641, 1988 WL 124292
CourtCourt of Appeals for the Federal Circuit
DecidedNovember 23, 1988
DocketAppeal 88-1236
StatusPublished
Cited by20 cases

This text of 862 F.2d 275 (The Sioux Tribe of Indians, Oglala Sioux Tribe and Rosebud Sioux Tribe v. The United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Sioux Tribe of Indians, Oglala Sioux Tribe and Rosebud Sioux Tribe v. The United States, 862 F.2d 275, 1988 U.S. App. LEXIS 15641, 1988 WL 124292 (Fed. Cir. 1988).

Opinions

FRIEDMAN, Circuit Judge.

This is another, and hopefully the last, chapter in the lengthy saga of the attempt by the Sioux Indians under the Indian Claims Commission Act, 25 U.S.C. § 70 et seq. (1976), to recover damages for the land they ceded to the United States under an 1868 treaty.

The present appeal is by two of the Sioux tribes from the dismissal by the United States Claims Court of their motion for relief from a judgment awarding the Sioux Indians approximately $40 million. Sioux Tribe of Indians v. United States, 14 Cl.Ct. 94 (1987). The appellants, however, do not challenge the award as inadequate. Instead, they contend that their counsel of record acted without authority in obtaining the award on their behalf. They seek a vacation of the judgment making the award and a dismissal of the case with respect to them. Their purpose in seeking this action is to facilitate their attempt to obtain a return of the land they ceded to the government 120 years ago.

[277]*277We hold that the Claims Court did not abuse its discretion in denying the appellants’ motion for relief from the judgment, and affirm that ruling.

I

A. The background facts have been fully set forth in earlier opinions of this court and our predecessor court, Cheyenne River Sioux Tribe v. United States, 806 F.2d 1046 (Fed.Cir.1986), cert, denied sub nom., Oglala Sioux Tribe v. United States, 482 U.S. 913, 107 S.Ct. 3184, 96 L.Ed.2d 673 (1987), United States v. Sioux Tribe, 222 Ct.Cl. 421, 616 F.2d 485 cert. denied sub nom., Yankton Sioux Tribe v. United States, 446 U.S. 953, 100 S.Ct. 2920, 64 L.Ed.2d 810 (1980), Sioux Tribe v. United States, 205 Ct.Cl. 148, 500 F.2d 458 (1974), and are briefly summarized here.

This case was filed in 1950 with the Indian Claims Commission (Commission). 25 U.S.C. § 70 et seq. (1976). Because the Sioux Tribe of Indians has not existed as an entity since 1890, the suit was brought by the eight present-day Sioux reservation tribes in a representative capacity. 25 U.S.C. § 70i (1976). After protracted proceedings, the Commission found that the value of the land at its cession in 1869 was $45,685,000. The Commission held that the United States could not deduct any of the permissible statutory offsets because of the government’s dishonorable dealings with the Sioux. The Commission awarded the Sioux $43,949,700. Sioux Tribe v. United States, 42 Ind.Cl.Comm. 214, 232, 257 (1978).

On the government’s appeal, which was limited to the offsets issue, the Court of Claims held that “the Commission erred in refusing to consider reducing the award by any payments on the claim or gratuitous offsets.” United States v. Sioux Tribe, 222 Ct.Cl. 421, 616 F.2d 485, 492 (1980). The court remanded the case to its Trial Division, the successor to the Commission, “to determine whether the award should be reduced” by “determinpng] the merits of defendant’s claim for offsets based on both alleged payments on the claim and gratuitous offsets.” 616 F.2d at 494.

Following the remand, attempts to settle the case were unsuccessful. The government offered to settle the offset issue for $4,200,000, but a majority of the tribes rejected the offer either explicitly or implicitly. See Cheyenne River Sioux Tribe, 806 F.2d at 1048-49. Ultimately the Claims Court, the successor to the Trial Division of the Court of Claims, concluded in 1985 that the litigation had become “an uncontrolled quagmire” and that “[t]he simple fact that four of the reservation tribes are refusing to accept any settlement or award of this Court, which does not include the return of their land, is indicative of the plaintiff’s [sic] refusal to comprehend, after 35 years of litigation, that this Court can only award money judgments.” Sioux Tribe of Indians v. United States, 8 Cl.Ct. 80, 85-86 (1985). The court accordingly

terminate[d] this litigation and ... award[ed] the plaintiff $39,749,700 as fair and equitable compensation for its claims. This amount reflects the parties’ counsels’ negotiated settlement agreement as to what they considered to be fair and equitable compensation for the plaintiff’s claims, and, more importantly, it represents an amount that this Court believes constitutes fair and equitable compensation for the plaintiff’s historical claims, after taking into consideration the plaintiff's interlocutory land valuation award of $43,949,700 and the Federal Government’s offset claims of some $65 million.

8 Cl.Ct. at 81.

We held that the Claims Court improperly had imposed upon the parties a settlement to which they had not consented, vacated the award of $39,749,700, and remanded the case to the Claims Court “for further proceedings in accordance with this opinion.” 806 F.2d at 1053. We further stated, however:

In vacating the judgment of the Claims Court and remanding for further proceedings, we are not suggesting that a complete trial on all of the offset issues will be required____
[278]*278... [T]he parties may be able to stipulate the total dollar amount of various categories of offsets to which the government is entitled. If the parties can so stipulate, this may be action that counsel for the Sioux Tribe can take as part of the normal conduct of litigation without the necessity for obtaining the approval of their clients.

Id.

B. On July 29, 1987, seven months later, the parties filed in the Claims Court a Stipulation of Facts “regarding the offsets of the government in this case” and a joint motion “to enter judgment in accordance with the Stipulation of Facts.” The stipulation recited that it was made “pursuant to the suggestion of the Federal Circuit Court of Appeals.”

In paragraph 8 of the stipulation, the parties “stipulate[d] that the United States is entitled to the following offsets:” it then listed five categories of offsets totaling $3,703,892.98. The stipulation provided that “[t]he parties intend that approval of this Stipulation of Facts by the Claims Court shall constitute its determination that the categories of offsets set forth in paragraph 8 are allowable as a matter of law” and that “[u]pon such approval by the Court, a final judgment may be entered in the sum of $40,245,807.02, which represents the gross award of $43,949,700 less payments on the claim of $3,703,892.98 in favor of the Sioux Tribe of Indians by its representatives [the names of the eight Sioux Tribes followed].” The stipulation also stated that it would be “null and void” unless approved by the Claims Court.

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Bluebook (online)
862 F.2d 275, 1988 U.S. App. LEXIS 15641, 1988 WL 124292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-sioux-tribe-of-indians-oglala-sioux-tribe-and-rosebud-sioux-tribe-v-cafc-1988.