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

Case 1:03-cv-02684-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Sheldon Peters Wolfchild, et al.

Plaintiffs, Vs. United States, Defendant, and Robert Lee Taylor et. al., and Individuals Listed on the Following Pages Intervenors.

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

FIRST AMENDED COMPLAINT IN INTERVENTION

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First Name Gaven Logan Tory James Kiersten Brandy Clayton Clayton Tashia Felicia Destin Kieshia Shonda Larissa Dominic Francisca Elysia Esperanzo Esmeralda Bruce Joshua Cody Elizabeth Ronald Jayson Mariah LeVar Nicholas Izaiah Marguese Marguessa

Middle Name Lee Allen Aus tin Brent Maynard Bailey Lynne William William Shantell Lea Ronald Kathleen Maggie Marie Rudy Larissa Terrill Rosario Isabell Wayne John Michael Ann Dean

Last Name Mace Mace Mace McGhay Mace Mace Taylor Sr. Hill, Jr. Mace Mace Mace Mace Mace Mace Tinajero-LaDeaux Perez-LaDeaux Mace Mace Mace Taylor Leners Leners Taylor Taylor Taylor Taylor Taylor Taylor Iron Shell Taylor Iron Shell 2

AKA

Mace Mace

LaDeaux

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Nora Jasen Darnel Shelly Daryl LaVerne Waylon Wayona Correna Aleaha Naleta Nelitta Shawn Nevitt Tara LaVerna Gregory Tonya Gina Robert

Jane Dewayne

Taylor Robinson Robinson Taylor

Marie

Wold Taylor

Marie Farron

Taylor Taylor Taylor Taylor Taylor Taylor

Rose Farron Eugene Joseph Maceana Madea Rose Allan Lee Marie Lee

Taylor Denney Taylor Taylor Bulizak Taylor Taylor Taylor Taylor Mace, Jr.

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Intervenors Robert Lee Taylor et. al., and Individuals Listed herein ("Intervenors"), for their Complaint in Intervention, state and allege as follows: JURISDICTIONAL STATEMENTS 1. Intervenors file this Complaint in the United States Court of Federal

Claims pursuant to the jurisdiction granted under 28 U.S.C. §§ 1491, 1505, et. seq. Intervenors 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. The disposition of this action may impair or impede Intervenors' ability to protect their interests. PARTIES 2. Plaintiffs brought suit as trust beneficiaries of Minnesota la nds, 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 descendants of Loyal Mdewakantons who resided in

Minnesota on May 20, 1886 and severed their tribal relations; therefore, Intervenors are 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, legal guardian and/or their next friends. 5. On December 16, 2005 the Court entered its Opinion and Order whereby

it provided a mechanism whereby those who claim to be descendants of the Loyal Mdewakanton could appear in this action. Interve nors are descendants of the Loyal Mdewakanton.

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FACTS 6. As more fully set forth in the Court's opinions of October 27, 2004 and

December 16, 2005, certain Mdewakanton Sioux were Loyal to the United States during the Sioux Outbreak in Minnesota during 1862. As such, the United States Congress in three separate Acts appropriated land among other things, to be provided to the Loyal Mdewakanton. These Acts of Congress were enacted on June 29, 1888, 25 Stat. 217, 228-229, March 2, 1889, 25 Stat. 980, 992-993 and August 19, 1890, 26 Stat. 336, 349. The August 19, 1890 Act dealt with full and mixed blood Indians. 7. With respect to land actually purchased, the land was designated as "the

1886 Lands." The 1886 Lands were purchased by the United States and placed into trust for the beneficiary class of Loyal Mdewakantons and their descendants. The 1886 Lands were acquired pursuant to the three Acts of Congress mentioned above. 8. 1870. 9. George Taylor is located on the original, hand written, 1889 Census. In Intervenors are direct descendants of George Taylor, born on or about

front of his name is written the name of his father, John. He is listed as a 21 year old nephew of Mary Taylor. Copies of the relevant portions of hand written 1889 Census are attached hereto, marked Exhibit 1 and made a part hereof if fully set forth herein. 10. A line is drawn threw George Taylor's name on the original 1889 Census

for unknown reasons. 11. Clearly, George Taylor was present in Minnesota in the Redwood

Settlement at the time of the Census. 12. George Taylor's Certificate of Death shows he passed away May 28th ,

1936. His Certificate of Death lists John O. Taylor as his father. His wife is listed as 5

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Belle. A copy of the Standard Certificate of Death is attached hereto, marked Exhibit 2 and made a part hereof if fully set forth herein. 13. Roy George Taylor was born August 18, 1927, to George Taylor and Bell

Ree. A copy of the Certificate of Birth is attached hereto, marked Exhibit 3 and made a part hereof if fully set forth herein. 14. Roy George Taylor's Certificate of Death shows his date of death as May

7, 1990. It lists his parents as George Taylor and Belle Ree Reed. A copy of the Certificate of Death is attached hereto, marked Exhibit 4 and made a part hereof if fully set forth herein. 15. The above- mentioned documents also help provide the documentation

needed to develop George Taylor's family tree. 16. 17. The Intervenors are descendents of Loyal Mdewakanton. As the trustee of the 1886 Lands, the United States of America had the

duty and obligation to maintain and manage the 1886 Lands in the best interests of all the trust beneficiaries. Contemporaneous with this duty was the duty to ensure the use, benefits, and revenue generated from the 1886 Lands would be distributed equally among the beneficiaries, and only among the beneficiaries. This includes the distribution to beneficiaries of casino and other business revenue generated by the 1886 Lands. 18. In 1980, by an Act of Congress, the United States of America transferred

the 1886 Lands to be held in trust for three Indian communities, rather than for the Loyal Mdewakanton.

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BREACH OF FIDUCIARY DUTY/TRUST MISMANAGEMEMENT 19. Intervenors reallege the allegations set forth in the preceding paragraphs of

this Complaint in Intervention as though fully restated herein. 20. Through actions taken in December 1980 and thereafter, Defendant has

breached its statutory and other fiduciary duties attendant to its role as trustee for the trust that was created in connection with and as a consequence of the 1888, 1889 and 1890 Appropriation Acts for the benefit of the Loyal Mdewakanton and the Lineal Descendants, which trust included land, improvements to land, and monies as the corpus. 21. As a consequence of Defendant's breaches of its statutory and other

fiduciary duties, the Lineal Descendants have been damaged. This damage includes, but is not limited to, the deprivation of the full benefit of trust income, profits, proceeds, and other tangible benefits arising from the trust corpus, to which these Lineal Descendants are lawfully and equitably entitled. 22. As a direct and proximate cause of Defendant's breaches of its statutory

and other fiduciary duties, certain of the Lineal Descendants have suffered damages in an amount in excess of $10,000.00. WHEREFORE, Plaintiffs-Intervenors Robert Lee Taylor et. al., respectfully pray for judgment from the Court as follows: 1. For damages, including prejudgment interest, to be paid by the United

States to the Lineal Descendants of George Taylor who are thus Lineal Descendants of the a Loyal Mdewakanton Indian; 2. For an accounting of all income, profits, proceeds, and other tangible

benefits arising from the trust corpus that are owed to those members of the Taylor Family who are Lineal Descendants of the Loyal Mdewakanton Indians from the trust 7

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that was created in connection with and as a consequence of the 1888, 1889 and 1890 Appropriation Acts for the benefit of the Loyal Mdewakanton and the Lineal Descendants; 3. For a declaration, tied and subordinate to the award of damages and

remedy of accounting to the Lineal Descendants, describing the current and prospective legal rights and privileges owned or possessed by the Lineal Descendants of the Loyal Mdewakanton Indians, which arise from the trust that was created in connection with and as a consequence of the 1888, 1889 and 1890 Appropriation Acts for the benefit of the Loyal Mdewakanton and the Lineal Descendants; 4. For a declaration, tied and subordinate to the award of damages and

remedy of accounting to the Lineal Descendants, describing the current and prospective legal duties and obligations owed to the Lineal Descendants of the Loyal Mdewakanton Indians, by the United States of America, the Lower Sioux Community, the Shakopee Mdewakanton Sioux Community and the Prairie Island Indian Community, which arise from the trust that was created in connection with and as a consequence of the 1888,1889 and 1890 Appropriation Acts for the benefit of the Loyal Mdewakanton and the Lineal Descendants; 5. For an award of prevailing party attorney fees and related costs allowed

under the Equal Access to Justice Act, 28 U.S.C. § 2412; and 6. For such other, further, or different relief as the Court deems proper, just,

and equitable, including any and all alternative relief sought in the Prayer for Relief of the Individual Plaintiffs' Third Amended Complaint.

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Dated this 29th day of March, 2007. /s/Garrett J. Horn Horn Law Office LLC P.O. Box 886 Yankton, SD 57078 (605) 260-4676 Telephone (605) 260-0624 Facsimile Attorney of Record for Intervenors

/s/Creighton A. Thurman Thurman Law Office LLC P.O. Box 897 Yankton, SD 57078 (605) 260-0623 Telephone (605) 260-0624 Facsimile Attorney of Record for Intervenors

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