Skip to comments.Nevada Tribal Leader, 81, Sues BLM for $30 million
Posted on 04/21/2014 10:26:44 AM PDT by LucianOfSamasota
The federal government seized Raymond Yowells 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. Hes 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 doesnt owe.
Theres 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 Nevadas high desert.
I kept writing letters to them saying I didnt have a debt with them, that I never signed a contract, he told The Associated Press. But they just ignored it. Theres no use talking to them.
(Excerpt) Read more at rtfitchauthor.com ...
I Thought the article interesting in light of recent developments involving the BLM in Nevada.
Does anyone know how this ended?
Is this the final judgement?
“... 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?
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..
I think the Chief needs to launch a few flaming arrows into the butts of the BLM leadership.
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.
It does now - under O"'bummerCare - along with 16,000 new agents - armed. Just one more branch of O'Bummer's "Private Army"
It is my understanding that any kind of retirement CAN NOT be garnished!!!
Just got done watching that movie less than an hour ago.
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 ...
This stealing of land and rights, makes the term ‘The Chickens have come home to roost’ even more valid! Pay back is hell.
Thanks for posting. The bottom line is...it’s about jurisdiction and “time”.
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.
That was a very interesting read. Thank you for posting the link. Maybe he should raise it to $50 million!!! BLM = S_O_ BEES
Thanks for posting.
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.
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.
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.
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.
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.
From another Internet source. SCOTUSblog, May 16th, 2011
the Supreme Court first created a right to sue a federal official for a violation of someones 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.
Almost as legal as Hillary’s cattle futures!
when Baryshnikov got out of the water his little pink ballet shoes were dripping wet...
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."
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.
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.
* 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 yall 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 Reids 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 !
It's called the Treasury Offset Program, and has been around for a while.
2. Rodeo clowns
3. Arrowhead collectors
4. Grizzly moms
5. Crazy mom drivers
I’m sure I’m missing a bunch of famous ones —help me add to my list...?
I hope he wins the lawsuit.
I’m thinking “The Outlaw Jose Wales”.