Cermak v. Babbitt

No. 00-1098 (234 F.3d 1356) (Fed. Cir. December 13, 2000)

ELR Digest

The court holds that a district court properly transferred to the U.S. Court of Federal Claims a case involving the issuance of two Indian Land Certificates. In 1944, the U.S. Department of the Interior (DOI) issued an individual two parcels of land. Upon the death of the individual in 1989, the DOI cancelled the land assignments. The individual's heirs challenged the cancellation in district court, claiming a taking and requesting the right to occupy the land or, in the alternative, damages in excess of $ 50,000. Citing a lack of subject matter jurisdiction, the district court transferred the case to the Court of Federal Claims.

The court first holds that the district court did not have jurisdiction under 28 U.S.C. § 1346. 28 U.S.C. § 1346 provides a district court jurisdiction of monetary damages claims of up to $ 10,000, but does not extend to claims for equitable relief. Here, the heirs seek equitable relief and damages greater than $ 10,000. The court then holds that the district court did not have jurisdiction under 28 U.S.C. § 1353. 28 U.S.C. § 1353 confers district courts with jurisdiction over any civil action involving the right of any person of Indian blood or descent regarding an allotment of land under any Act of Congress or treaty. The certificates issued to the individual did not effect allotments of land. The land at issue was purchased by the Secretary of the Interior with discretionary funds, and when he conveyed the land, the record reveals that he elected to convey only temporary use and occupancy rights to individual Indians. The court next holds that it must reject the heirs' argument that the transfer to the Court of Federal Claims is improper merely because the Court of Federal Claims cannot award the equitable relief they seek. There is no basis for district court jurisdiction of the requested equitable relief, and the Court of Federal Claims has exclusive jurisdiction over claims for monetary damages in excess of $ 50,000.

The full text of this decision is available from ELR (10 pp., ELR Order No. L-315).

Counsel for Plaintiffs
Lawrence H. Crosby
Crosby & Associates
2233 Hamline Ave. N., St. Paul MN 55113
(651) 635-0818

Counsel for Defendant
David J. Lazerwitz
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

[31 ELR 20364]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]