Supreme Court rules Tohono O'odham cannot sue feds in 2 courts - Your West Valley News: Glendale

Supreme Court rules Tohono O'odham cannot sue feds in 2 courts

Print
Font Size:
Default font size
Larger font size

Posted: Tuesday, April 26, 2011 5:10 pm

PHOENIX -- The Tohono O'odham Nation cannot pursue its claims against the federal government over lost funds in two separate courts, the U.S. Supreme Court ruled Tuesday.

In a 7-1 ruling, the justices rejected arguments by attorneys for the Southern Arizona tribe that it was entitled to try to get money the government owes it through two separate legal avenues. Justice Anthony Kennedy, writing for the majority, said the two lawsuits are essentially the "same claim.''

None of this means the tribe will -- or will not -- get money from the federal government. It simply means they will get only one shot at it.

Under federal law, the government manages the nation's lands and holds income derived from that land in trust. That includes income from the sale of natural resources as well as leases.

One lawsuit contends the United States handled $2.1 billion in transactions for the nation between 1972 and 1992 and "has never fulfilled its duty to provide a true and adequate accounting'' of the trust funds. It also alleges "gross mismanagement'' by the federal government. That lawsuit, filed in federal district court in Washington, seeks an accounting and any other relief.

The next day the tribe filed a separate suit in the Court of Federal Claims which hears lawsuits based on claims for compensation from the government. While the issues are the same, this lawsuit sought specific monetary damages.

A judge in the claims court threw the case out. But the Court of Appeals for the Federal Circuit gave the go-ahead for both proceedings to continue.

Kennedy said the fact that the relief sought in the two courts -- an accounting versus damages -- is immaterial. He said as long as the underlying facts are the same, there is no reason for two separate legal actions.

  • Discuss

Welcome to the discussion.

RCSCW Board and Membership Meeting

Tell Us What You Think!

Loading…

California’s Gangs Go Digital and Global

3605 by Guest Blogger June 22, 2016 Robert Muggah is co-founder and research director of the SecDev Foundation and the Igarapé Institute. He i…

Published: June 24, 2016 - 7:06 pm @ http://blogs.cfr.org/cyber/2016/06/22/californias-…

Five memorable moments from the House sit-in on gun control

Since mid-morning on Wednesday, Democratic representatives have occupied the House Floor for a historic sit-in, instigated by Rep. John Larson…

Published: June 24, 2016 - 7:03 pm @ http://www.motherjones.com/politics/2016/06/here-a…

‘Trainspotting,’ ‘Simon Killer,’ ‘The Loneliest Planet’ & More Indies Headed to Hulu in July

A great many shows and movies are coming to Hulu next month, some more notable than others. To skip the chaff and go straight to the wheat, al…

Published: June 24, 2016 - 5:01 pm @ http://www.indiewire.com/2016/06/new-hulu-july-201…

Wildfires Fueled by Record Heat Rage in Arizona, California

In California, two wildfires have burned about 5,000 acres of terrain and are threatening to merge in the mountains outside Los Angeles. Firef…

Published: June 24, 2016 - 4:46 pm @ http://www.democracynow.org/2016/6/22/headlines/wi…

Suspects open fire inside smoke shop near 91st Avenue and Union Hills

PHOENIX - Peoria police responded to an armed robbery at a smoke shop near 91st Avenue and Union Hills Drive Wednesday night. The shop owner s…

Published: June 24, 2016 - 4:35 pm @ http://www.abc15.com/news/region-west-valley/peori…

This Video of a Trump Supporter Yelling Racist Stuff at a Guy in a Donkey Suit Is America

Every great narrative begins with a stunner of a first line. "Call me Ishmael"; "It was the best of times, it was the worst of times"; "Just a…

Published: June 24, 2016 - 4:33 pm @ http://www.vice.com/read/this-video-of-a-trump-sup…

LaVoy Finicum Supporters Stand Guard At Illegal Roadside Memorial

Supporters of the Malheur National Wildlife Refuge occupiers are in conflict with the U.S. Forest Service and other agencies over an impromptu…

Published: June 24, 2016 - 4:16 pm @ http://www.opb.org/news/series/burns-oregon-stando…

Chandler man arrested for animal abuse speaks out from jail

CHANDLER, AZ - A Chandler man arrested after his dog died in the heat Monday says it was an accident but adds that the dogs belong outside not…

Published: June 24, 2016 - 4:13 pm @ http://www.abc15.com/news/region-southeast-valley/…

Jeff Flake's gun control bill is nothing more than a two-for-one deal on our rights

Arizona’s junior senator, Jeff Flake (R-Ariz.), is making national headlines as the face of a new piece of legislation that is dubbed, “No fly…

Published: June 24, 2016 - 4:04 pm @ http://ktar.com/story/1132008/jeff-flakes-gun-cont…

An American Sommelier in Paris

When I sat down with thirty-two-year-old Jaimee Anderson for a cup of tea in Paris, it had only been two weeks since she stepped into her role…

Published: June 24, 2016 - 4:05 pm @ http://luckypeach.com/american-sommelier-paris/

Facebook

YourWestValley.com on Facebook

Twitter

YourWestValley.com on Twitter

RSS

Subscribe to YourWestValley.com via RSS

RSS Feeds