Yankton Sioux Tribe v. Gaffey (jurisdiction)

Yankton Sioux Tribe v. Gaffey (jurisdiction)
 

This case concerns whether a "reservation" continues to exist in eastern Charles Mix County. In 1995, the federal district court found that the entire 430,000 acre reservation of the Yankton Sioux Tribe continued to exist as it had in 1858. The court of appeals affirmed. The U.S. Supreme Court then granted certiorari and reversed. The Supreme Court held that none of the land which had been "ceded" by the tribe to the United States-165,000 acres-remained "reservation", and held that the status of the remaining 265,000 should be re-determined on remand.

On remand, the district court found that the entire remaining 265,000 acres were "reservation". The court of appeals reversed, finding that approximately 225,000 of the remaining lands were not reservation and that the district court should re-examine its decision with regard to the remaining 40,000 acres. It also found that a "mile square" portion of the 1858 area was "reservation". Petitions for certiorari were subsequently denied, and the matter of the remaining 40,000 is pending before the district court.

Last Updated: September 12, 2001