Dakota descendants sue landowners and other Indians to reclaim part of southern Minnesota

Categories: Congress
jackpotjunction.jpg
Doug Wallick via Flickr
Statue outside the Jackpot Junction Casino in Morton and the site of contested land
Descendants of Dakota Indians are suing southern Minnesota property owners to set up a new reservation on land that was once promised by the federal government. A class-action lawsuit filed Tuesday seeks to evict the current inhabitants of 12 square miles northwest of New Ulm and asks for monetary damages based on 150 years of what's being labeled as trespassing.

The argument stems from an 1863 act of Congress that set aside 7,680 acres for the band of Mdewakantons who had either stayed out of the U.S.-Dakota War or protected settlers.

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That promise was never kept because "the feeling among whites is such as to make it impossible for [the Mdewakantons] to live there in safety," according to a Secretary of the Interior letter cited in the present lawsuit.

By the 1890s, the feds had sold all the parcels to third parties and issued land patents in Redwood, Renville, and Sibley counties, according to Erick Kaardal, the Minneapolis-based attorney who claims to represent more than 20,000 Mdewakanton descendants.

"For Indians to have right and title to this land since the 1860s and to have us treat them this way is absurd," he says.

Today the land belongs mainly to farmers, local governments, school districts, the episcopal diocese, and the Lower Sioux Indian Community. Denny Prescott, president of the tribal council, says he's still trying to wrap his head around how he and his people went from being fellow Dakota descendants to defendants in a land dispute. But he withheld any further statements.

The other defendants we spoke with also declined to comment, saying they had yet to be served with the official paperwork. David Torgelson, the Renville County attorney, notes that someone who specializes in land treaties will probably need to be appointed and review the case. The news came as a surprise, he adds: "We hadn't heard any rumblings in advance."

Still, this isn't the first time that the loyal Mdewakanton descendants have filed claims at the federal level. Curt Brown, a Star Tribune reporter who's written at length about Dakota history, notes that the same group unsuccessfully sued three Minnesota tribes years ago, seeking money from casino proceeds. He sheds some light on the bad blood:
This case is expected to kick up long-simmering inter-Dakota tensions between the plaintiffs and the three federally recognized Dakota tribes -- the casino-wealthy Shakopee Mdewakanton Sioux Community, the Prairie Island Indian Community near Red Wing and the less well-off Lower Sioux, who would be kicked off their reservation if the suit succeeds.

All three recognized tribes are expected to challenge this suit after the last round of litigation brought into question how their tribal membership was determined.
At the root of this latest lawsuit, too, is class and identity. Kaardal says the three other groups in the region treat his clients as though they don't exist: "That's how serious it is."

-- Follow Jesse Marx on Twitter @marxjesse or send tips to jmarx@citypages.com
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40 comments
buttes
buttes

From: SUPREME COURT RULES

Rule10.Considerations Governing Review on Certiorari.

At the Bottom of rule 10:

A petition for a writ of certiorari is rarely granted when the asserted error consists of "ERRONEOUS FACTUAL FINDINGS" or the misapplication of a properly stated rule of law.

The problem with Kaardal's client base is that they are not Mdewakanton and even if they had (BIG "IF") Mdewakanton in their family line all of his clients are either current enrolled members (not in Minnesota) at other sioux tribes or they were paided from treaties as "Sioux" of a different tribe Act of October 25, 1972 (86 STAT. 1168) under The Mississippi Sioux Judgment. e.g. Yankton, Santee, Sisseton, Flandreau, etc. each group had their own roll and the Mdewakanton had their own also under this act so if they were paid as one how are they now another, they can't be under this Act they could only be with one Tribe. Why is this guy wasting MN resources under fraudulent claims and wasting the courts time with a 14th try? I think everything should be charged back to Kaardal's Firm.

buttes
buttes

This new lawsuit has no merit and is going nowhere fast. But on a funny note: Hey does anyone remember a so called expert running her suck hole about how the communities had better get ready to turn over the key's, OMG I never laughed so hard in my life ... FYI that jean jacket doesn't hide the front but or should I say Buttes, lmao:))

TerryBollea
TerryBollea

"It was never about money".

Erick:

Summer of 2006 @ Jackpot Junction: (this video used to be on a photobucket account)

Standing in a crowded room of plaintiffs:

"I've never been surrounded by so many millionaires!"

Summer of 2014:

"This is a form of genocide"

Woe, is me. I find this small-time case now to be quite entertaining.

mdewakanton
mdewakanton

you guys have it all wrong...it was never about casino profits, it was about the land the itself, Wolfchild v US was about finding where federal jurisdiction begins and where it stops ...to date there are no federally-recognized Mdewakanton ...ask the SOI

Trustbutverify
Trustbutverify

Casinos come with recognition, recognition comes with being a lineal descendant.

SaintPauly
SaintPauly

After looking into this case and it's major players the definition below perfectly describes Erick Kardal!

Shyster is derived from the German term scheisser, meaning literally “one who defecates,” from the verb scheissen, “to defecate,” with the English suffix -ster, “one who does,” substituted for the German suffix -er, meaning the same thing.

Generally used to describe someone who is untrustworthy, money grabbing and full of crap, particularly in the field of legal work for some reason.

As I was looking into this for myself I came across forums where members were hostile towards the legitimate Mdewakanton governments of Minnesota. I implore anybody reading these comments to look past the "poor me/feel sorry for us" ploy by Kardal and Wolfchild and see this case for what it is; a desperate move for money and land.

The ire and displeasure of my fellow Minnesota citizens should not be directed towards the true Mdewakanton Tribes of Minnesota but towards Sheldon Wolfchild and his lawyer, Erick Kardal (http://www.mklaw.com/mdewakanton.htm)

SaintPauly
SaintPauly

I wonder if "Wolfchild 2" is just a dirty tactic by a shystie lawyer to initiate a very controversial lawsuit so that maybe, just maybe they can create a big enough stink that the Government will give them their "land" back and then "takeover" Mystic Lake/Little 6/Jackpot Junction and Treasure Island Casinos? I mean Kardal has much to gain, with a 33% stake in any judgment. You would think that defeat after defeat after defeat, Kardal would get a clue! Greed obviously clouds people's judgments.

Lower Sioux needs to wash their hands of this lowlife, Sheldon Peters Wolfchild. He an embarrassment to the native Americans and citizens of Minnesota. His loyalty is to money.

buttes
buttes

@ronleith71 Yeah there are a lot of imposter Dakota. Government records show your family on at tribe #341 in the 1930's (Cora "Lawrence" Leith) Flandreau Sioux tribe of South Dakota Roll on Microfiche File-# 106 / Page-#421. I wonder what does your "expert" from wicanpi research have to say, since she is the grand Ph.D wizard of fraud and a Yankton from tribe #346. When this action fails maybe wolfyboy will take you all with him back to the Mdewakanton of Canada to start a Casino, lol, has Kaardahl weighed out these other possibilities yet? aka Canadian Mountie Kaardahl, ha-ha-ha, that has a nice ring to it:))

TerryBollea
TerryBollea

"The truth comes out" -- indeed it has. Look no further than the case being dismissed, and every denial since early 2007. You can blather on about "imposters" all day but the two denials and subsequent dismissal - every "point" in your rhetoric is negated. Eric is now trying to shake down farmers and ranchers. Desperate and a shameless money grab ......that's not there. Keep playing the victim card, Sheldon! It gives him something to do since his failed acting career never left the ground.

ronleith71
ronleith71

There are the true Mdewakanton Dakota and there are the imposter Dakota.  While the true Dakota have been lied to, discriminated against, punished and treated like dirt the people of Minnesota have stood by and said nothing and done nothing.  Everyone from the Governor to the Redwood City Council.  And now that they have stood and made their position known everyone wants to bring their hanging ropes to the party.  Meanwhile the imposter Dakota continue to pose as the true descendants of the 1886 Mdewakanton Dakota census.  But there is a third group. The indoctrinated and colonized Mdewakanton Dakota lineal descendants who have chosen to support the imposters and recognize them as being lineal descendants.  This sifting of the chafe from the wheat had to occur eventually.  the US has basically washed their hands of the injustice by denying the truth of identity.  But the truth always comes out.  If the US had done it's duty and maintained it's fiduciary responsibility to the Mdewakanton Dakota we wouldn't be here.  But they failed to uphold the law as set by the US Congress.  Not only did they fail but now they refuse to correct the mistake(s).  So the true lineal descendants are being pushed into a legal corner.

As for the money.  If there's money involved so what, or land for that matter.  Everyone has a vote in the upcoming elections.  Go see your representatives.  But as for the Identity question, all lineal descendants must prove who they are via legal documentation. If you can't do that, then who are you?

SaintPauly
SaintPauly

As an outsider looking in I decided to look into these "Loyal Mdewakanton's" for myself and my opinion is as follows: After receiving a few favorable decisions by the Lower Courts it really looked like a done deal for Wolfchild. However, after much litigation their claims were ultimately overturned and subsequent appeals were denied by the US Supreme Court two (2) times, it makes one wonder what is the true motive is here. The ultimate goal was to dissolve the current Mdewakanton governments and replace them with Wolfchild and his fellow plaintiffs under the guise of being of a "noble and righteous cause" but the goal was painfully obvious - CASINO RICHES. After the initial lawsuit (Wolfchild vs US) was dismissed they are trying everything possible to get money. Kardal appeared to have spent alot of money litigation this frivolous lawsuit and needs to recover his losses some way and they want to accomplish this by targeting the people who inhabit this 12 mile radius. Also after watching a YouTube video of the press conference with Kaardal. How dare he compare genocide to his lawsuit. In conclusion, this new lawsuit will end just as the 1st lawsuit ended, in defeat. Sheldon Wolfchild obviously has no "loyalty" to the tribal community to which he is a member of (Lower Sioux) and wants to see their demise, how is he still a member? After bringing much shame to this community and the Dakota in Minnesota in general, how can he show his face in public?!

TerryBollea
TerryBollea

Sheldon is throwing a temper tantrum. He talks about pride/political identity yet he readily throws Lower Sioux, where he is enrolled, under the bus because every court shat on his case since 2006 - including two denials from the SCOTUS. It's not about land, people! It's purely about money. Their lawyer is grasping at straws hoping to find a loophole that's not there - Let's stir the pot to show how damaged we are. Maybe the state will help us get casin...I mean land. Yeah, land. Laughable and totally frivolous.

buttes
buttes

Kaardahl lost on these same arguments in the COFC under "WolfChild vs. US" There it was "12 Sections of Land" at 21,120 acres for the Meritorious Sioux, now it's "12 square miles" at 7,680 acres for the Loyal Sioux. blah-blah-blah, So which one is it? It's none of the above! Maybe Morton should just have a special session to give wolfyboy and his family the boot, since we know where he belongs anyway. and just like that .... fffwit ------->problem solved.

MicheleBachmann
MicheleBachmann topcommenter

If only they were white Fox News and Sean Hannity would be helping them. 

Trustbutverify
Trustbutverify

Why so defensive aren't you in favor of loyal mdewakantons being verified after all the settlers they saved? After all this time? There's a list to trace to and the casino community was set up improperly without using that list so we didn't get a say in the thuggish direction that community has taken. That's the main point in the case.

TerryBollea
TerryBollea

Speaking of....

I know someone who worked out of Studio City way back in the 80's and 90's and had a nice little gem about Sheldon:

A producer had native actors to try out for various roles for a TV movie, his assistant brought in Sheldon and he wen through the normal audition and did fine. However, he didn't look the part: "Dammit Ramone! They have to look the part and you bring in Snik from the Little Monsters?!" -- google this character.

His words, not mine. Spoiler: Unusually large head, no neck.

Trustbutverify
Trustbutverify

@TerryBollea Look. The government had a plan set up to stop us based on sequence.  If we started off saying we're a tribe and demanded land the government would have laughed us off before we got to court, pointing to dockets some of us have been paid and told us to go ask lower sioux to vote us our enrollment.  So we pretended to just be average joe indians descended from the Loyal Mdewakanton signers and we weren't a tribe yet just to get into court! Why? Because the only thing the government fears is a bunch of indians tracing to the census, not happy because they're being used as cash cows for their indian casino profits.  lol breathe...


Alright so skip forward to the end of that case to now, here we are the defeated Loyal Mdewakanton Group.... yeah defeated trying to collect something left over in a trust account left to us from our ancestors land profits.  We didn't want the money but it was the only thing to use that connected us to the land we did want.  See now that they've defended their money from us Loyal Mdewakantons they couldn't be more pleased to have this be behind them and correct any administrative error that would expedite the process any further. Perhaps it was a government test to see if we would figure out how to let them off the hook for billions of dollars worth of huge property schemes to finally take back the reigns by claiming  a "do-able" amount.  Sort of like aiming for ten when you only need 5. it's court after all and we have to play their game.

TerryBollea
TerryBollea

*Edit* it wasn't Erick, but he still demanded 33 1/3% :)

TerryBollea
TerryBollea

Again, null and void. This case has been fully litigated for the better part of a decade. And you're not going to fool anyone, it's not about land, it's about the bright lights of casinos. That much has been proven. The decision on the 20th of March is all you need to know about this case. This is purely looking for a loophole.

SaintPauly
SaintPauly

I wouldn't get your hopes up too high! As you've experienced before, you believed without a doubt the 3 Mdewakanton Reservations were yours only to taste the bitter taste of defeat (multiple times), as you will once again with this meritless lawsuit lol.

Erick Kardal stated you were an identifiable group "or tribe". Les get this straight your not a tribe and will never be a tribe. Let that sink in a bit.

TerryBollea
TerryBollea

I think we ought to link up the Elena Kagan response to this case. And I agree (re: Kaardal) -- clearly a ploy to drag the communities into his frivolous suit. #feeble

buttes
buttes

@TerryBollea Don't listen to this "Sarah Bucholz" her family is from Flandreau Sioux just like the "Leith" family Microfiche File-#106 / Page-#409 This info is public information from the "National Archives Microfilm Publications" Indian Census Rolls 1885-1940 they are just Mde-wanna-bee's, lol;)))

sarahmbucholz
sarahmbucholz

Do you even know what you are TRYING to talk about!? Obviously you do not know anything about history and LAW! Probably not even supposed to be part of the tribe, that is made up of non-lineal descents! No being adopted into the family does not make you a true heir. No I am not either, I have been following this and doing research and studying the FACTS,not listening to rumors and lies, and enough is enough! These people deserve what the government promised and put into law a long time ago! Stop fighting with them and accept them.

native0069
native0069

@buttes  have you ever bothered to look up the 12 Sections..these land patents issued in the 1820's have Sioux trust land written across them...patents issued more 50 yrs before Minnesota was a state,...the other issue that may come up is the Sioux Halfbreed Scripts..there were over 2000 Sioux Script land patents ...issued in every county in the state of Mn..issued before Mn became a territory..."up to 640 acres,  and not less than 40 acres"...the halfbreeds were hand-picked by Mdewakanton Chiefs to occupy the HalfBreed Tract just south of Redwing..Congress excluded these lands from the IRA ...Congress gave them an option to trade their halfbreed tribal allotments for allotments in the public domain..my own ancestor has 11 land patents in various parts of the state..these Sioux Scripts can be applied anywhere in the US, wherever public land was available...Congress recognized the "communities" but the SOI hasn't...


the SOI has a much more stringent process of acknowledgment...the first is having your documents verified and certified by the OMB ...then the OMb assigns your docs a Control Number

...without the OMB Control Number..the SOI will disregard your documents

rolls compiled by IRA tribal governments wont even be considered

being under an IRA just means you are recognized by Legislation, being recognized by the SOI, means recognition by the Executive Office


ever wonder why the Mississippi Sioux Judgment cant be paid to the "communities"...Congress told them, each and every "community" member will have to prove descent from an aboriginal treaty..and we are already on the way there...all our descendents have acquired US citizenship by the selection of land in the public domain..being a US citizen allowed our descendents to vote for governor, senator..and statehood...can IRA citizens make that vote?

buttes
buttes

@TerryBollea lol, thats great:)) yeah, like a Bobble-head Doll. but from what i've learned wolfyboy /slid/ in to the states.

/slid/ 1.to move along in continuous contact with a smooth or slippery surface. 2. to slip or skid. 3. to glide or pass smoothly. so I guess the only thing to do is slide him back.

TerryBollea
TerryBollea

Are you really going to make me quote Maury Povich? The back-to-back-to-back-to-back-to-back defeats since 2007 determines THAT was a lie. Your personal interpretations as a plaintiff are skewed and clearly out of touch with reality. The $1.59/per plaintiff from agriculture profits from Wolfchild 1 were even denied as the plaintiffs "had no merit".

Trustbutverify
Trustbutverify

@TerryBollea still better than the 44 1/4% your lawyer was charging you :D  BTW people, a lot of non Descendants tried/try to get their own lawyers to pursue what we lineals were as soon as we started.

Trustbutverify
Trustbutverify

@SaintPauly The reason we asked for the money the first time was because we knew we had to use the current communities public image as being "filthy rich escalade driving partying indians" to get the media attention to get the court to hear us. We knew it would refuse us as being "individual american indians each with a trust set aside" that they would tell us to come back and claim the land, that the money has to go with the land because it's what the money's collected from.  So this time we're coming as a tribe because the government can't claim we only have an "individual money argument" (and try buying us off with dockets again), we've spent the time getting that horrible plan of government limbo out of the way.  Even the farmers can see what the money is doing to the lower sioux reservation to give it an unruly rowdy image. All that's left is to do the hard work keeping the broken promises to the people to whom they were made. All the loyal Mdewakanton please stand up! :D

Trustbutverify
Trustbutverify

@TerryBollea That's basically what they're doing (lower sioux + government), as they share the casino (PC to tribal members + percentage to government). The government set up a fake tribe and then hoped to rake in billions based on the public believing in phony indians. They never expected the true descendants to actually appear after 100 or so years and ask the the general public look into it.  They thought we were dead or too frightened to step up and claim it.


It's also a travesty of justice to the farmers who believed the government when it sold them false title and they should get full recovery from the government.


P.S. Hello! I am not dead. Please verify my genealogy that I am a Lineal Descendant of the Loyal Mdewakanton Dakota.

TerryBollea
TerryBollea

Like the USFCA and the SCOTUS? Wait, I'm sorry, both dismissed the case, a case they saw as having no merit. "Them" Ah, I see -- Act neutral to gather sympathy. As Buttes pointed out with the microfilm, you're even phony on forum chatter.

native0069
native0069

@buttes  you can find these patents on the Bureau of Land Managements website..



Trustbutverify
Trustbutverify

Who cares when we got called the loyal group? And too bad the government was so scared protecting its money they forgot to label the res as loyal now we loyals can claim your land based on genealogy. Shoulda done more to clear the enrollment problem over the years because we've been connecting all the dots since bingo was allowed by the government and so called tribes that they're both in on.

How this is so different from the original plan set by our anscestors is that there are so many people not included at the reserve community that are on the list to be but aren't and should be, meanwhile so many that aren't included on the list but enrolled at the res they are!

Lots of loyal mdewakanton are suffering on the streets without an education or a community that gives them a sense of belonging.

I can't say this more strongly, identify the loyal mdewakanton, the reservation is in bed with the government keeping the good native out!

Trustbutverify
Trustbutverify

@TerryBollea Media helped yes! But what we really wanted, even though we had no claim to money in that case, was to get recognized individually as "the Loyal Mdewakanton Group".  That's why we never called ourselves a tribe, it was on purpose! But now after the case we're going from Individuals to a Tribe.  Like being glad when you find your wallet with your ID inside even though the money's gone, we can now walk up to the government created lower sioux community and push it over like a paper tiger by claiming Loyal Mdewakantons - The Tribe, the tribe wanting it's land.


It was like we had to force them to call us Indians by approaching them as american citizens owed money and then use what we knew they'd call us to claim what the name implies ownership to.

TerryBollea
TerryBollea

Changes the game? Lol. It did nothing. At all. Like Sarah said below, listen to the facts. The case was rejected twice by the Supreme Court and thus dismissed by the USFCA. This is totally grasping at straws. "Media attention" you mean that one camera that was hired by Sheldon?

Trustbutverify
Trustbutverify

@TerryBollea Saying that you have a Loyal Mdewakanton reservation without having to show that you're a Loyal Mdewakanton is null and void.  Wolfchild 1 changes the game on the government to not make it about money but instead about land.

TerryBollea
TerryBollea

Null and void. Need I bring up all the litigation that was shot down in Wolfchild 1? :)

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