Wright v. Langdeau

158 F. Supp. 3d 825, 2016 U.S. Dist. LEXIS 8576, 2016 WL 323620
CourtDistrict Court, D. South Dakota
DecidedJanuary 25, 2016
DocketCIV 15-4097
StatusPublished
Cited by10 cases

This text of 158 F. Supp. 3d 825 (Wright v. Langdeau) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Langdeau, 158 F. Supp. 3d 825, 2016 U.S. Dist. LEXIS 8576, 2016 WL 323620 (D.S.D. 2016).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ COMPLAINT

Lawrence L. Piersol, United States District Judge

Defendants, two Lower Brule Sioux Tribal Council members (tribal Defendants) and three United States government officials (government Defendants) (all Defendants collectively, “Defendants”), filed motions to dismiss Plaintiffs’ Complaint pursuant to Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and Rule of Civil Procedure 12(b)(6) for failure to state a claim, Doc. 15 and 18. For' the following reasons, the motions are granted.

BACKGROUND

In December of 2014, the Lower Brule Sioux Tribal Council held a meeting wherein Plaintiffs attempted to ascertain the whereabouts of roughly $24 million in federal funding and how it could be that the current chief tribal judge was seated after allegedly being defeated during the election process. Plaintiffs allege that Defendants McCauley arid Langdeau departed from the' council meeting when such issues' arose, refusing to answer. The Council was thereafter recessed and the current conflict arose.

Defendants herein (tribal court Plaintiffs) thereafter filed an action in tribal court on May 1, 2015 in order to remove Plaintiffs herein (tribal court Defendants) from their positions as tribal council members. The tribal court action was allegedly brought by Defendants in order “to stop the acting tribal chairman Kevin Wright from trying to inquiry (sic) or find out about the missing or unaccountable federal funds in amount over 24 million dollars.” Complaint at 2. In addition, it is alleged that the tribal Defendants’ attorney was supposed to provide legal services to each member of the tribal council, including Plaintiffs, but instead indicated in her court filings that she represented the “Tribe” without specifying any further. To rectify the perceived defect, presiding Tribal Judge, B.J. Jones, allowed the tribal Defendants herein to intervene as Plaintiffs in the tribal action. Plaintiffs herein further allege that .the tribal Defendants have failed to remit court fees in accordance with tribal court procedure.

Plaintiffs allege that the issue revolving around the whereabouts of the federal funds was raised in both a petition for extraordinary writ of mandamus requesting the tribal appellate court judges to order Defendants to account for the funds and an interlocutory appeal arguing that the tribal court special judge abused his discretion by granting a request by the tribal Defendants for a TRO. According to Plaintiffs, the TRO was issued to prevent [830]*830them from pursuing an affirmative defense of determining what happened to the federal funds and has an allegedly indefinite termination date. It is alleged in the Complaint that on February 16, 2015 special Tribal Judge, B.J. Jones, filed a judgment and order wherein it was determined that Plaintiffs had attempted to remove the tribal Defendants in violation of the tribal constitution.

Shortly after the May 1st lawsuit was initiated, Plaintiffs filed a petition for extraordinary writ of mandamus and interlocutory appeal with the Lower Brule tribal appellate court. Plaintiff Wright received a remand order from the appellate court on May 22, 2015. On remand, the tribal court was instructed to examine the jurisdictional basis of the suit “in light of the Court’s dismissal of the Tribe as a proper Plaintiff in the original case.” Langdeau v. Wright, Lower Brule Sioux Tribal Court, CIV-14-12-0119 (May 27, 2015). This action followed on May 27, 2015.1

In this federal action, Plaintiffs are alleging tribal Defendants Landeau and McCauley, Sr. allowed $24 million in federal funds to remain “missing or unaccountable.” Plaintiffs assert this Court has jurisdiction pursuant to 28 U.S.C. § 1331, the Administrative Procedure Act (APA), and 28 U.S.C. § 1367. The Complaint contains three claims for relief: (1) an accounting from the Defendants regarding the $24 million in federal funds, (2) an order from the Court to compel government Defendants James Two Bulls and Tim LaPointe “to enforce their fiduciary duties to hold ... [D]efendant[s] [ ] Langdeau and [ ] McCauley [] to account for the missing federal funds,” and (3) an order from the Court compelling tribal Defendants Lang-deau and McCauley to “open[] up the Lower Brule Tribal farm operations’ financial records and all other documents that comprise the farms (sic) operation ...” Currently before the Court are’ Defendants’ motions to dismiss Plaintiffs’ Complaint for lack of subject matter jurisdiction or, alternatively, failure to state a claim.

STANDARD OF REVIEW

“Federal courts are not courts of general jurisdiction and have only the power that is authorized by Article III of the Constitution and statutes enacted by Congress pursuant thereto.” Crow Creek Sioux Tribe v. Bureau of Indian Affairs, 463 F.Supp.2d 964, 966 (D.S.D.2006). “ ‘The party claiming federal subject matter jurisdiction has the burden of proving it exists.’ ” M.J. Farms, Ltd. v. U.S. Fish and Wildlife Service, 593 F.Supp.2d 907, 910 (W.D.La.2008) (quoting People’s Nat’l Bank v. Office of Comptroller of Currency, 362 F.3d 333, 336 (5th Cir.2004)). “A party challenging subject matter jurisdiction under Rule 12(b)(1) must attack either the facial or factual basis for jurisdiction.” Middlebrooks v. U.S., 8 F.Supp.3d 1169, 1173 (D.S.D.2014) (citing Osborn v. U.S., 918 F.2d 724, 729 n. 6 (8th Cir.1990)). Under a facial challenge, the reviewing court examines the complaint to determine if the plaintiff has satisfactorily alleged grounds for subject matter jurisdiction. Id. The nonmoving party is afforded the same protections she would receive were she defending against a Rule 12(b)(6) motion. Id. A factual challenge, on the other hand, tests the factual basis the nonmoving party has asserted for subject matter jurisdiction. Matters outside of the pleadings may [831]*831be considered by the reviewing court and the nonmoving party is afforded no Rule 12(b)(6)-type protections.2 Id.

Under Rule 12(b)(6), the factual allegations of a complaint are assumed true and construed in favor of the plaintiff, “even if it strikes a savvy judge that actual proof of those facts is improbable.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), cited in Data Mfg., Inc. v. United Parcel Serv., Inc., 557 F.3d 849, 851 (8th Cir.2009). “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the ‘grounds’ of his ‘entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements óf a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (internal citations omitted). The complaint must allege facts, which, when taken as true, raise more than a speculative right to relief. Id. (internal citations omitted); Benton v.

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Bluebook (online)
158 F. Supp. 3d 825, 2016 U.S. Dist. LEXIS 8576, 2016 WL 323620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-langdeau-sdd-2016.