CASE ANALYSIS

Flute v. United States, 808 F.3d 1234 (10th Cir. 2015)

The case of Flute v. United States arose due to an unprovoked attack by the United States Army on a group of unarmed Indians in 1864.  This attack later became known as the Sand Creek Massacre since it resulted in the deaths of many Indians, including women and children.  After the attack, the United States government publicly acknowledged its role in the attack and agreed to pay reparations to survivors of the massacre, but these reparations were never paid.  The plaintiffs in this class action suit were descendants of the victims of the Sand Creek Massacre who sought an accounting of the reparation payments that they alleged the United States government held in trust for them.  The district court dismissed this suit for lack of subject matter jurisdiction, and the plaintiffs appealed.  See PDF for complete summary.

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