Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

Document 523-2

Filed 08/17/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Sheldon Peters Wolfchild, et al.

Plaintiffs, vs. United States, Defendant, and

Case No. 03-2684L Judge Charles F. Lettow

COMPLAINT IN INTERVENTION

Francine Joyce Garreau (Hall), Cody Charles Hall, Peter Beauchamp Hall, William Rufus High Bear, Individually and on behalf of Kalvin Stephen High Bear; Robby High Bear, individually and on behalf of Melvin High Bear and Julius High Bear; Lawrence High Bear, individually and on behalf of Marisa High Bear, Rachel High Bear and Grace High Bear; Conroy High Bear individually and on behalf of Joshua LaClaire, Sandra Ann High Bear, Conroy Richard High Bear, Jr. and Leanna Marie High Bear; Rhonda L. LeBeau individually and on behalf of Sydney Lynn Dupree, Justin Justine Reeann Dupree and Carson Calvin Dupree; Delvin Ray High Bear individually and on behalf of Andrea Nicole High Bear, Ronni Ann High Bear, Megan Elizabeth High Bear, Delmarie High Bear, Delvin Ray High Bear, Jr. and Gabriel Francis High Bear; Rhea Ann LeBeau High Bear, Leonard High Bear, Janice Eileen High Bear, JoHanna Rose High Bear,Garrett Joseph High Bear, individually and on behalf of Korryll Jo High Bear and Caleb Loren High Bear; Stacey Lynn Spotted Bear individually and on Behalf of Hailey Rose Dupris; Kenny Spotted Bear individually and on behalf of Kella Jo Spotted Bear; Kelly Jo Spotted Bear, Melda Rose High Bear, Morgan Samuel Garreau, Louis Pierre Garreau, Rita Kim Garreau, Aaron Scotty Louis, individually and on behalf of Jasmine Jayde Louis, Eryn Danielle Louis and Xavier Charles Louis; Daron Kyle Louis, Melvin Grant Garreau, individually and on behalf of Melvin Joseph Garreau, Hillary Brook Garreau, Martin Grant Garreau, Joseph Elsey,

Case 1:03-cv-02684-CFL

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Warrant Garreau and Alscessa Tess Elsey; Jeffrey Keith Garreau, Dominic Donavan Garreau, Melani Elizabeth Garreau, Bryan Lyle Garreau, Steven Leroy Garreau, Jacqueline Jayne Garreau, Jeffrey Charles Miner, individually and on behalf of Chaz Miner and Chaney Miner; Ronald Russell Meservey, Jr., individually and on behalf of Jason Allen Meservey and Kevin David Meservey; James Allen Meservey, Richard Allen High Bear, Pauline Mae High Bear, Chastity Chasity Faith Miner, individually and on behalf of Shawn Lynn Iron Hawk, Jaylen Talks, Kira Kiara Rhayne Miner and Isaiah Ray Collins; Charity Hope Miner, individually and on behalf of Joseph Lee Miner, Paul Wade Miner and Elsa Jade Larrabee; Natasha Amara Miner, individually and on behalf of Janell Rose Mexican, Christian Jewel Mexican, Jessalyn Rose Miner and Jacob Miner; Lorraine Louise Miner, Phillip Miner High Bear, Sr., individually and on behalf of Phillip Miner High Bear Jr.; Richard Allen High Bear, Jr., Larisha White Magpie, individually and on behalf of Jesse Ray Talks, Jr.; Patricia Rose High Bear, Cami Lynn High Bear, individually and on behalf of Khaila Rose High Bear, Julius Anthony Edwards and Silas Julian Edwards; Nona Kaye High Bear, Jacquelyn Kay Red Bear, individually And on behalf of Maria Jae Red Bear; Desirae Lola Red Bear, Alicia Rebecca Red Bear, Nona Kay High Bear on behalf of Jarret Bryan High Bear, Tyler James Little Star, Tyanna Lynn Little Star, Travis Lynn Little Star and Crystal Little Star; Daniel Lee High Bear, Nicole Marie High Bear, individually and on behalf of Erica Marie High Bear, Brandon Shaquielle High Bear, Colton Michael White Feather and Charles Charla JadeWhite Feather; Fawn Renae High Bear, individually and on behalf of Hilary Ann Clown, Carlin James Clown III and Tragdon James Clown; Michael Feron High Bear, Jolene Lynn High Bear, individually and on behalf of Sylvia Lynn Lee and Vita Rose Lee; Waylon Dean High Bear, individually and on behalf of Lillianna Isabell High Bear and Faye Marie High Bear; Misty High Bear, individually and on behalf of Anthony Collins, Jr.; Lizabeth Esther Oakie Nezzie, individually and on behalf of Darren Daren Lane Oakie, Wendell Irwin Nezzie, Ryanne Shayla Nezzie and Shayne Anita Nezzie; Shane Glenn Oakie, individually and on behalf of Alecia Shaelyn Collins; Dustin Lee Blackmoon Bischoff, Andy Andrew Paul High Bear, individually and on behalf of Elysa Marie High Bear and Isaac Paul High Bear, Intervenors.

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The descendants of David Wells, as Intervenors, for their Complaint in this matter, state and allege as follows: 1. Intervenors file this Complaint pursuant to the jurisdiction granted under

28 U.S.C. §§ 1491, 1505, et. seq. seek to recover damages for Defendant's mismanagement of a trust created for their benefit and breach of trustee fiduciary duties. Intervenors claim an interest in the property which is the subject of this action which interest will be impaired if Intervenors are not a participant in the underlying action. 2. Plaintiffs brought suit as trust beneficiaries of Minnesota lands, commonly

referred to as the "1886 Lands," held in trust by the United States of America. 3. Defendant is the United States of America since the federal government

was to hold the 1886 Lands in trust. 4. Intervenors are Mdewakantons whose ancestor resided in Minnesota on

May 20, 1886, and are intended trust beneficiaries of the 1886 Lands. Some of the Intervenors have yet to attain the age of majority. Accordingly, they appear in this action by their parent and/or legal guardian. 5. As set forth in this Court's opinions of October 27, 2004, and December

16, 2005, the United States Congress appropriated money for land and goods to Mdewakanton individuals present in Minnesota on May 20, 1886, and their descendants. 6. Intervenors are all descendants of David Wells, who was born in or about

1837 in a Mdewakanton village on the lower Minnesota River. He was also known as Lightning Blanket and Red Star. In about 1864, he married Manikiyahewin, a Mdewakanton woman. Manikiyahewin was born in about 1838, and she is commonly known by the English translation of her name "Moves Her."

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7.

David Wells is listed on the 1886 McLeod census of Mdewakanton

individuals which is accepted as identification of individuals eligible for the allocations made by the United States of America in the acts identified above. He was allocated forty (40) acres of land subject to the trust requirements imposed by the United States of America. 8. In 1865, Solomon Gray Bear was born of father Red Star a/k/a David

Wells and mother Moves Her a/k/a Manikiyahewin. 9. Intervenors are lineal descendants of Solomon Gray Bear, a lineal

descendant of David Wells, a/k/a Red Star, a/k/a Lightning Blanket. And, therefore, intended beneficiaries of the trust being examined in this action. 10. The United States of America established a plan of control of the land and

goods appropriated to the Mdewakanton, which this Court has determined to be held as a trust for the Mdewakanton individuals identified in 1886 census and their lineal descendants. 11. The United States of America as trustee of the property has violated its

fiduciary responsibilities including its duty to manage the property in the best interest of the Mdewakanton individuals entitled to the benefits of the trust and their descendants, and its duty to assure equal distribution among the Mdewakanton individuals and their descendants identified in the census of 1886. 12. As a result of its violations, these Intervenors have received no use or

benefit from the allocated property. 13. Pursuant to 28 U.S.C. § 2412(b), a prevailing party in an action against the

United States of America is entitled to recover attorney fees and costs.

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WHEREFORE, Intervenors respectfully request Judgment in their favor in amounts to be determined at trial, their costs, disbursements and attorneys' fees, and other relief warranted. Dated this ____ day of _________________, 2007. ____________________________________ FRANCINE HALL

VERIFICATION I, Francine Hall, sworn under oath, do hereby verify that all facts asserted are made from my personal knowledge or based upon reasonable inquiry made by me. Dated this ____ day of _________________, 2007.

____________________________________ FRANCINE HALL STATE OF SOUTH DAKOTA COUNTY OF _______________ ) :SS )

Before me, the undersigned authority, personally appeared Francine Hall, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledged that she executed the same for the purpose contained therein. IN WITNESS WHEREOF, I have set my hand and official seal this ____ day of __________, 2007. [SEAL] ________________________________________ Notary Public * State of South Dakota My Commission Expires:____________________

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