Littlefield et al v. United States Department of the Interior

Filing 88

Judge William G. Young: ORDER entered. JUDGMENT (Sonnenberg, Elizabeth)

Case 1:16-cv-10184-WGY Document 88 Filed 07/28/16 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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DAVID LITTLEFIELD, MICHELLE
LITTLEFIELD, TRACY ACORD, DEBORAH
CANARY, FRANCIS CANARY, JR.,
VERONICA CASEY, PATRICIA COLBERT,
VIVIAN COURCY, WILL COURCY, DONNA
DEFARIA, ANTONIO DEFARIA, KIM
DORSEY, KELLY DORSEY, FRANCIS
LAGACE, JILL LAGACE, DAVID LEWRY,
KATHLEEN LEWRY, MICHELE LEWRY,
RICHARD LEWRY, ROBERT LINCOLN,
CHRISTINA McMAHON, CAROL MURPHY,
DOROTHY PEIRCE, DAVID PURDY, and
LOUISE SILVIA,

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v.
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UNITED STATES DEPARTMENT OF
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THE INTERIOR; SALLY JEWELL,
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in her official capacity; BUREAU
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OF INDIAN AFFAIRS; LAWRENCE
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ROBERTS, in his official capacity, )
and UNITED STATES OF AMERICA,
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Defendants.
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Plaintiffs,

CIVIL ACTION
NO. 16-10184-WGY

JUDGMENT
YOUNG, D.J.

July 28, 2016

Upon thorough consideration of the parties’ submissions,
the Court rules that the second definition of “Indian” in
Section 479 of the Indian Reorganization Act, 25 U.S.C. § 479,
unambiguously incorporates the entire antecedent phrase -- that

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Case 1:16-cv-10184-WGY Document 88 Filed 07/28/16 Page 2 of 2

is, “such members” refers to “members of any recognized Indian
tribe now under Federal jurisdiction.”

Thus, no deference is

due the Secretary’s contrary interpretation.

In light of the

Supreme Court’s interpretation of “now under Federal
jurisdiction” to mean under Federal jurisdiction in June 1934,
the Secretary lacked the authority to acquire land in trust for
the Mashpees, as they were not then under Federal jurisdiction.
See Carcieri v. Salazar, 555 U.S. 379, 382-83 (2009).
In keeping with the parties’ stipulation, ECF No. 77, and
to enable a prompt appeal of this declaration, the Court
determines there is no just cause for delay, Fed. R. Civ. P.
54(b), and enters this declaratory judgment on the Plaintiffs’
first cause of action.

The matter is remanded to the Secretary

for further proceedings consistent with this opinion.

SO ORDERED.

/s/ William G. Young
WILLIAM G. YOUNG
DISTRICT JUDGE

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