Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Nevada Tribal Leader, 81, Sues BLM for $30 million
Horse's Heart ^ | 30 July, 2011 | Scott Sonner

Posted on 04/21/2014 10:26:44 AM PDT by LucianOfSamasota

The federal government seized Raymond Yowell’s cattle — all 132 head — and hauled them across the state and sold them at auction.

Then the U.S. Bureau of Land Management sent Yowell a bill for $180,000 for back grazing fees and penalties, and later garnished part of his Social Security benefits.

Now, nearly a decade later, the 81-year-old former chief of the Western Shoshone National Council is fighting back. He’s suing the U.S. Bureau of Land Management, the Treasury Department and others for $30 million. Yowell claims the government violated his constitutional rights, broke an 1863 treaty and saddled him with a debt that he doesn’t owe.

“There’s no other way,” said Yowell, a member of the Te-Moak Band of Western Shoshone, who still works a small cattle ranch with his son in northeast Nevada’s high desert.

“I kept writing letters to them saying I didn’t have a debt with them, that I never signed a contract,” he told The Associated Press. “But they just ignored it. There’s no use talking to them.”

(Excerpt) Read more at rtfitchauthor.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: blm; bundyranch; grazingfees; raymondyowell
This is an older article which a friend published on Facebook.

I Thought the article interesting in light of recent developments involving the BLM in Nevada.

Does anyone know how this ended?

1 posted on 04/21/2014 10:26:45 AM PDT by LucianOfSamasota
[ Post Reply | Private Reply | View Replies]

To: LucianOfSamasota

Is this the final judgement?

http://sct.narf.org/documents/yowellvabbey/petition.pdf


2 posted on 04/21/2014 10:28:23 AM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota
Chief say "White man speak with forked tongue."
3 posted on 04/21/2014 10:30:03 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

Translation, please.


4 posted on 04/21/2014 10:33:02 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: LucianOfSamasota
Well come on! If they don't steal cattle and sell them how is Obama and Mooshelle going to get the money for their monthly $100 million dollar vacations?


5 posted on 04/21/2014 10:33:27 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

http://sct.narf.org/documents/yowellvabbey/petition.pdf


6 posted on 04/21/2014 10:33:49 AM PDT by RedWhiteBlue (Mama tried)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

“... garnished part of his Social Security benefits.”

I did not know the BLM had that power? Does the IRS even have that kind of power?


7 posted on 04/21/2014 10:35:09 AM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

Funny how this story is playing out like various John Wayne movies

First I saw the Bundy Ranch story as being like the movie “El Dorado”..the crooked land grab by powerful interests.

Now I see “McClintock”.the Cowboys and Indians joining forces again an out of control Fed..


8 posted on 04/21/2014 10:37:29 AM PDT by tophat9000 (Are we headed to a Cracker Slacker War?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red_Devil 232

I think the Chief needs to launch a few flaming arrows into the butts of the BLM leadership.


9 posted on 04/21/2014 10:37:34 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: LucianOfSamasota

That petition looks like a US Supreme Court filing, arguing a decision against him by the 9th Circus. The good news for him would seem to be that (a) he lost in the 9th Circuit, and (b) their logic is - as usual - in conflict with precedent.

There’s a fair chance that SCOTUS could take this case to resolve the overlapping precedents. But if I’m reading the petition correctly (I’m no lawyer), he’s merely asking for a reasonable day in court (i.e., due process) - so this is far from being close to a conclusion... unless SCOTUS turns him down.


10 posted on 04/21/2014 10:40:40 AM PDT by alancarp
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red_Devil 232
Does the IRS even have that kind of power? (garnished part of his Social Security benefits)

It does now - under O"'bummerCare - along with 16,000 new agents - armed. Just one more branch of O'Bummer's "Private Army"

11 posted on 04/21/2014 10:42:22 AM PDT by maine-iac7 (Christian is as Christian does - by their fruits)
[ Post Reply | Private Reply | To 7 | View Replies]

To: LucianOfSamasota

Maybe its time to play Cowboy/Indians and Communist!
12 posted on 04/21/2014 10:43:28 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red_Devil 232

It is my understanding that any kind of retirement CAN NOT be garnished!!!


13 posted on 04/21/2014 10:44:57 AM PDT by Kit cat (OBummer must go)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Kartographer

Just got done watching that movie less than an hour ago.


14 posted on 04/21/2014 10:45:38 AM PDT by Dacula
[ Post Reply | Private Reply | To 12 | View Replies]

To: Kartographer

These days, the cowboys and the indians have more in common with each other than either one has with the fork-tongued devils in the District of Criminals ...


15 posted on 04/21/2014 10:47:29 AM PDT by NorthMountain
[ Post Reply | Private Reply | To 12 | View Replies]

To: Dacula

This stealing of land and rights, makes the term ‘The Chickens have come home to roost’ even more valid! Pay back is hell.


16 posted on 04/21/2014 10:48:15 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
[ Post Reply | Private Reply | To 14 | View Replies]

To: LucianOfSamasota

Thanks for posting. The bottom line is...it’s about jurisdiction and “time”.


17 posted on 04/21/2014 10:48:49 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 2 | View Replies]

To: LucianOfSamasota
Is this the final judgement?

No. He won in the lower court, had the decision reversed by the appeals court, and has filed with the U.S. Supreme Court. Supreme Court hasn't turned it down yet nor have they agreed to hear the case.

18 posted on 04/21/2014 10:50:24 AM PDT by DoodleDawg
[ Post Reply | Private Reply | To 2 | View Replies]

To: RedWhiteBlue

That was a very interesting read. Thank you for posting the link. Maybe he should raise it to $50 million!!! BLM = S_O_ BEES


19 posted on 04/21/2014 10:50:28 AM PDT by Texas Yellow Rose
[ Post Reply | Private Reply | To 6 | View Replies]

To: LucianOfSamasota

Thanks for posting.


20 posted on 04/21/2014 10:52:43 AM PDT by Gamecock (The covenant is a stunning blend of law and love. (TK))
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

His chances of him making it to 82 are mighty slim. His chances of being murdered in a badge killing are about the same as the sun rising in the east on Tuesday morning.


21 posted on 04/21/2014 10:52:47 AM PDT by sport
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red_Devil 232
I did not know the BLM had that power? Does the IRS even have that kind of power?

Yes if the money is for payment of federal income taxes, federal student loans, child support and alimony, nontax debt owed to other federal agencies, defaulted federal home loans and certain civil penalties.

22 posted on 04/21/2014 10:54:10 AM PDT by DoodleDawg
[ Post Reply | Private Reply | To 7 | View Replies]

To: LucianOfSamasota

There is something coming together that has to do with: Tea Party + Cowboys + Indians + Wild West + Second Amendment VS BLM/ Obama. A Grand Coalition. Already the 9 Western governmors are meeting. I just think Obama and his Stench-men are stirring things up that they will not be happy with in the long run.


23 posted on 04/21/2014 10:54:10 AM PDT by bboop (does not suffer fools gladly)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kit cat
It is my understanding that any kind of retirement CAN NOT be garnished!!!

If you owe the money to the feds for income taxes, federal issue student loans, child support and alimony, debt owed to other federal agencies, or defaulted federal home loans they can and they will.

24 posted on 04/21/2014 10:57:51 AM PDT by DoodleDawg
[ Post Reply | Private Reply | To 13 | View Replies]

To: LucianOfSamasota
I think this is germane.

I was familiar with a case during the Clinton years where a federal agency backed off once a federal judge ruled that the employees could be held personally responsible for their shenanigans. Based on the Bivens decision. Thanks to another FReeper here is the Bivens decision.

here

From another Internet source. SCOTUSblog, May 16th, 2011

the Supreme Court first created a right to sue a federal official for a violation of someone’s constitutional rights, it has been very sparing in allowing later attempts to expand that right. In fact, it has only twice added new options to file such lawsuits — and the last of those was approved 31 years ago. On Monday, the Court took on a new test case on the issue, but the chances are, it did so to once more stop a further expansion. This time, it will be confronting a constitutional claim for damages not against a public official, but against private individuals working under government contract — potentially, a far-reaching new option to sue.

I have yet to do the research but contractors like the ones at Bundy ranch should also be held individually responsible for their shenanigans IMO.

25 posted on 04/21/2014 10:58:41 AM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GrandJediMasterYoda

Almost as legal as Hillary’s cattle futures!


26 posted on 04/21/2014 10:59:22 AM PDT by I am Richard Brandon
[ Post Reply | Private Reply | To 5 | View Replies]

To: GrandJediMasterYoda

when Baryshnikov got out of the water his little pink ballet shoes were dripping wet...


27 posted on 04/21/2014 11:09:11 AM PDT by Tennessee Nana
[ Post Reply | Private Reply | To 5 | View Replies]

To: LucianOfSamasota
Will Reid start verbally attacking Mr. Yowell.. does Reid get immunity as he stirs hatred against citizens?

If some aged 1960s Marxist-Alinsky campus radical, psycho spoiled brat or an ideological nutcase issue of same should attack the citizen, his family, or a supporter sue Reid for millions (he's got 'em) using the doctrine of vicarious liability and find out if he has "immunity."

28 posted on 04/21/2014 11:15:38 AM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: I am Richard Brandon

Yeah remember that? $1000 to $100,000. Gee Hillary, you stock market genius. Anybody else would have had their ass locked up in two seconds.


29 posted on 04/21/2014 11:19:39 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Westbrook

CONCLUSION
It is undisputed that the cattle belonging to Mr. Yowell were seized without a warrant or court order providing for the seizure of hislivestock. The only justification ever given was an alleged violation of BLM regulations. The BLM regulations have no jurisdiction over the ranges encompassed by the proclamation of 1941. Any action taken on the ranges based upon BLM regulations is therefore
unlawful. Mr. Yowell has the right to be a herdsman and to graze his cattle upon the lands reserved for that purpose. Since the BLM and others acting with the BLM interfered with Mr. Yowell’s rights, they are liable under 42 U.S.C. § 1983, Bivens, and the Indian Reorganization Act of 1934.
The 9th Circuit erred when it decided otherwise, and this Petitioner requests that this Honorable Court grant the Petition for Writ of Certiorari and REVERSE the 9th Circuit decision and enable Mr. Yowell to present witnesses, evidence and testimony to the District Court in support of his complaint. The petitioner also requests that this Court stop the deduction of his social security payments for the same reasons.

************

Apparently the BLM decided that they did not like actual tribal use of tribal lands because it wasn’t in accord with federal standards du jour, so the BLM stole Yowell’s cattle and sold them, then billed him for their efforts, then garnished his Social (ha) Security (hahahaha!) checks when he couldn’t or wouldn’t pay. According to Yowell, through counsel, the BLM has no jurisdiction on tribal lands.

This appears to have been done administratively, as Yowell is asking for his day in court, just once. The 9th Circuit upheld their fellow federal employees at BLM.

Now, through writ of certiorari it is being presented to the US Supreme Court requesting the Court to review the case. In a few months, unnoticed and unheralded, cert. will be denied and the BLM will have expanded its powers.

I *might* be wrong, but I doubt very much that more stylish issues will preclude the learned Court’s review of something as mundane as basic property rights and food production.


30 posted on 04/21/2014 11:20:28 AM PDT by Psalm 144 (FIGHT! FIGHT! SEVERE CONSERVATIVE AND THE WILD RIGHT!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: LucianOfSamasota

Related:

http://en.wikipedia.org/wiki/The_Dann_Sisters


31 posted on 04/21/2014 11:20:44 AM PDT by mad_as_he$$
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red_Devil 232

* The EPA assigns one million acres to previous owners in Wyoming.

* The BLM Rustles cattle in Nevada.

* Now the USFS Rustles Cattle in New Mexico.

What will Speaker Boehner do now to punish these lawless Federal Bureaus?

BTW, have y’all noticed that Obama is very effectively using these lawless events by his Bureaus to distract from the NSA, Benghazi, IRS and Obamacare Scandals?

_________________________

Is the modern day equivalent of the KKK the Bureau of Feudal Land Management, (BFLM) ?

If so, then Feudal Lord Reid would then be “The Grand Dragon of the BFLM.”

Feudal Lord Reid’s Rustlers are hired guns, who are furious but not fast, which also applies to their multimillionaire Leader: Feudal Lord Reid.

With the past Democrat-based KKK, and now the present Democrat-controlled BFLM, ethics be damned, as abject fear is the main goal of both of these Medieval Outlaw Gangs, past and present.

“Ethics” will be justified later by Liberals who will write the ‘revised” PC History of these times, past and present; of powerful men with outlaw hatred toward free people in America, Black or White, poor or rich.

The Jackboot Heel of Democat Tyranny is now upon us, AGAIN !

FORWARD!


32 posted on 04/21/2014 11:35:04 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Red_Devil 232
I did not know the BLM had that power? Does the IRS even have that kind of power?

It's called the Treasury Offset Program, and has been around for a while.

http://fms.treas.gov/debt/questions_top_pub.html

33 posted on 04/21/2014 11:48:52 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: LucianOfSamasota

1. Plumbers

2. Rodeo clowns

3. Arrowhead collectors

4. Grizzly moms

5. Crazy mom drivers

6. Ranchers

7. Cowboys

8. Indians

I’m sure I’m missing a bunch of famous ones —help me add to my list...?


34 posted on 04/21/2014 12:44:03 PM PDT by gaijin
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucianOfSamasota

I hope he wins the lawsuit.


35 posted on 04/21/2014 1:44:53 PM PDT by ExCTCitizen (I'm ExCTCitizen and I approve this reply. If it does offend Libs, I'm NOT sorry...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tophat9000

I’m thinking “The Outlaw Jose Wales”.


36 posted on 04/21/2014 1:52:14 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
[ Post Reply | Private Reply | To 8 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson