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UNITED TRIBE OF SHAWNEE INDIANS v. U.S.

No. 00-3140.

253 F.3d 543 (2001)

UNITED TRIBE OF SHAWNEE INDIANS, a United States Treaty Tribe, on our behalf and on behalf of all individuals descended from all such members receiving allotments under the Treaty of 1854, Plaintiff-Appellant, v. UNITED STATES of America; Defense Department Secretary, The Honorable William S. Cohen; Department of Army, The Honorable Paul W. Johnson, Deputy Assistant Secretary of the Army; General Services Administration, The Honorable David I. Barram, Administrator; I. Blane Hastings, Senior Reality Officer, The Heartland Region, General Services Administration; Department of Interior, Bruce Babbitt, Secretary; Kevin Gover, Assistant Secretary-Indian Affairs; Bureau of Indian Affairs, Nancy L. Jamison, Acting Director, Office of Management and Administration, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 13, 2001.

Attorney(s) appearing for the Case

Sean W. Pickett, Weber, Pickett & Gale, L.L.C., Kansas City, MO, and John W. Ragsdale, Jr., Prairie Village, KS, for Plaintiff-Appellant.

Sean H. Donahue, and Ellen Durkee, Environment and Natural Resources Division, Appellate Section, Washington, DC, (James F. Simon, Acting Assistant Attorney General, Jackie N. Williams, United States Attorney, Janice Miller Karlin, Assistant United States Attorney, Kansas City, KS, with him on the brief), for Defendants-Appellees.

Before TACHA, Chief Judge, SEYMOUR and BRORBY, Circuit Judges.

SEYMOUR, Circuit Judge.

The United Tribe of Shawnee Indians (UTSI) brought this action for declaratory and mandamus relief against the United States, the Secretaries of Interior and Defense, and various federal administrative officials. UTSI sought a declaration of its status as a federally recognized Indian tribe, a mandate that it be included on the list of recognized tribes maintained by the Bureau of Indian Affairs, and a declaration that a constructive trust...

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