United States v. Mitchell
- Decided
- June 27, 1983
- Docket
- 81-1748
- Status
- Published
- Jurisdiction
- Federal
Cited 3,342 timesNo negative treatment found in this library
What later courts said
- holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction" — Tenet v. Doe (2005)
- holding that “the Tucker Act effects a waiver of sovereign immunity” and that “the existence of consent [to be sued] is a prerequisite for jurisdiction” — Havard v. Perdue Farms, Inc. (2005)
- holding that the Tucker Act provides the United States' consent to suit for claims founded upon statutes or regulations that expressly or implicitly create substantive rights to money damages — United States v. Anthony J. Pivorotto, John Robert Woods. John Robert Woods (1993)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Marshall delivered the opinion of the Court.
The principal question in this case is whether the United States is accountable in money damages for alleged breaches of trust in connection with its management of forest resources on allotted lands of the Quinault Indian Reservation.
HH U> In the 1850’s, the United States undertook a policy of removing Indian tribes from large areas of the Pacific Northwest in order to facilitate the settlement of non-Indians.[1] [*208] Pursuant to this policy, the first Governor and Superintendent of Indian Affairs of the Washington Territory began negotiations in 1855 with various tribes living on the west coast of the Territory. The negotiations culminated in a treaty between the United States and the Quinault and Quileute Tribes, 12 Stat. 971 (Treaty of Olympia). In the Treaty the Indians ceded to the United States a vast tract of land on the Olympic Peninsula in the State of Washington, and the United States agreed to set aside a reservation for the Indians.
Statutes cited
- 25 U.S.C. § 331
- 25 U.S.C. § 406
- 25 U.S.C. § 466
- 28 U.S.C. § 1491
- 28 U.S.C. § 1505
- 25 U.S.C. § 348
- 25 U.S.C. § 407
- 25 U.S.C. § 323
- 25 U.S.C. § 462
- 28 U.S.C. § 1346
And 9 more sections cited in the full opinion.
Cite this
United States v. Mitchell, 463 U.S. 206 (1983)Read the full opinion
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