Case: Fleming v. Cherokee Nation

1:18-cv-02041 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 30, 2018

Closed Date: May 14, 2019

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Case Summary

This is a case alleging that the Cherokee nation and Department of Interior treated Freedmen (descendants of former slaves of the Cherokee tribe) and Blood Cherokee (descendants of tribe members who were not enslaved) differently by allowing only a Blood Cherokee to serve as President of the Tribe. On August 30, 2018, a member of the Cherokee nation who is the descendant former slaves of the Cherokee nation (known as Freedmen) and a company formed for the specific purpose of seeking redress to…

On August 30, 2018, a member of the Cherokee nation who is the descendant former slaves of the Cherokee nation (known as Freedmen) and a company formed for the specific purpose of seeking redress to Freedmen filed this lawsuit in the District Court for the District of Columbia. Plaintiffs filed suit against the Secretary of the Interior, the Assistant Secretary with jurisdiction over the Bureau of Indian Affairs, Department of the Interior, and Principal Chief of the Cherokee Nation. Under the Treaty of 1866, between the United States and certain tribes (e.g., the Cherokee Nation), the tribes agreed to abolish slavery and grant equal rights to former slaves that were equal to those of existing tribe members. In the case of the Cherokee Nation, these existing members were referred to as "Blood Cherokees." Following the Treaty, the Cherokee Nation still held that only a Blood Cherokee could be a candidate for President of the Tribe. Plaintiffs alleged that the Cherokee Nation, along with the Department of the Interior, failed to conform Cherokee laws in a manner that is consistent with the Constitution and previous rulings holding that Freedmen of the Cherokee Nation have the same rights and privileges as Blood Cherokees. The case was assigned to Judge Thomas F. Hogan.

On the same day, plaintiffs filed a motion for temporary restraining order. The motion was denied on September 4, 2018.

On December 4, 2018, defendants filed a motion to dismiss.

On March 18, 2019, the plaintiffs filed a motion for preliminary injunction.

On May 14, 2019, the court granted the defendants’ motion to dismiss.

The case is now closed.

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Summary Authors

Montana Vaughn (4/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7782015/parties/fleming-v-the-cherokee-nation/

Judge(s)

Hogan, Thomas Francis (District of Columbia)

Attorney for Plaintiff

Robinson, Paul A. (District of Columbia)

Squire, Percy (District of Columbia)

Attorney for Defendant

Blaha, Amber B. (District of Columbia)

Hembree, Michael Todd (District of Columbia)

Judge(s)

Hogan, Thomas Francis (District of Columbia)

Attorney for Plaintiff

Robinson, Paul A. (District of Columbia)

Squire, Percy (District of Columbia)

Attorney for Defendant

Blaha, Amber B. (District of Columbia)

Hembree, Michael Todd (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:18-cv-02041	Complaint for Temporary, Preliminary and Permanent Injunctive and Declaratory Relief	Aug. 30, 2018	Aug. 30, 2018 Complaint
2 1:18-cv-02041	Plaintiff's Motion for TRO and Preliminary Injunction	Aug. 30, 2018	Aug. 30, 2018 Pleading / Motion / Brief
7 1:18-cv-02041	Opinion and Order	Sept. 4, 2018	Sept. 4, 2018 Order/Opinion 2018 WL 11491522
11 1:18-cv-02041	Tribal Defendants' Motion to Dismiss Plaintiffs' Complaint	Dec. 4, 2018	Dec. 4, 2018 Pleading / Motion / Brief
10 1:18-cv-02041	Federal Defendants' Motion to Dismiss Plaintiff's Complaint	Dec. 4, 2018	Dec. 4, 2018 Pleading / Motion / Brief
15 1:18-cv-02041	Plaintiff's Renewed Motion for Preliminary Injunction	March 22, 2019	March 22, 2019 Pleading / Motion / Brief
19 1:18-cv-02041	Memorandum Opinion	May 14, 2019	May 14, 2019 Order/Opinion 2019 WL 2103160
20 1:18-cv-02041	Order	May 14, 2019	May 14, 2019 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7782015/fleming-v-the-cherokee-nation/

Last updated Aug. 9, 2025, 9:13 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5666857) filed by RHONDA L.B. FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Related Case Form, # 3 Summons Baker, # 4 Summons Zinke, # 5 Summons Sweeney, # 6 Summons Cherokee Election, # 7 Summons Cherokee Nation)(Robinson, Paul) (Attachment 1 replaced on 8/31/2018) (zsth). (Attachment 2 replaced on 9/7/2018) (znmw). (Entered: 08/30/2018) 1 Civil Cover Sheet View on PACER 2 Supplement Related Case Form View on PACER 3 Summons Baker View on PACER 4 Summons Zinke View on PACER 5 Summons Sweeney View on PACER 6 Summons Cherokee Election View on PACER 7 Summons Cherokee Nation View on PACER	Aug. 30, 2018	Aug. 30, 2018 Clearinghouse
2	MOTION for Temporary Restraining Order by RHONDA L.B. FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Text of Proposed Order, # 4 Supplement Bond, # 5 Notice to Counsel/Party)(Robinson, Paul). Added MOTION for Preliminary Injunction on 9/7/2018 (znmw). (Entered: 08/30/2018) 1 Memorandum in Support View on PACER 2 Affidavit View on PACER 3 Text of Proposed Order View on PACER 4 Supplement Bond View on PACER 5 Notice to Counsel/Party View on PACER	Aug. 30, 2018	Aug. 30, 2018 Clearinghouse
3	NOTICE OF RELATED CASE by RHONDA L.B. FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC. Case related to Case No. 13cv1313 and 03-1711. (zsth) (Entered: 08/31/2018)	Aug. 30, 2018	Aug. 30, 2018 PACER
	Case Assigned to Judge Thomas F. Hogan. (zsth)	Aug. 30, 2018	Aug. 30, 2018 PACER
4	CERTIFICATE OF SERVICE by RHONDA LEONA BROWN FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC re 2 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit)(Robinson, Paul) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
5	NOTICE of Appearance by Percy Squire on behalf of All Plaintiffs (Squire, Percy) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
6	NOTICE of Appearance by Michael Todd Hembree on behalf of BILL JOHN BAKER, THE CHEROKEE NATION (Hembree, Michael) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
7	ORDER denying 2 Motion for TRO. Signed by Judge Christopher R. Cooper on 09/04/2018. (lccrc1) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 Clearinghouse
8	SUMMONS (5) Issued Electronically as to BILL JOHN BAKER, CHEROKEE NATION, CHEROKEE NATION ELECTION COMMISSION, TARA MACLEAN SWEENEY, RYAN ZINKE. (znmw) (Entered: 09/07/2018)	Sept. 7, 2018	Sept. 7, 2018 PACER
9	Unopposed MOTION for Extension of Time to File Answer or Respond to Complaint by TARA MACLEAN SWEENEY, RYAN ZINKE (Attachments: # 1 Text of Proposed Order)(Blaha, Amber) (Entered: 11/02/2018)	Nov. 2, 2018	Nov. 2, 2018 PACER
	MINUTE ORDER granting 9 Defendants' Unopposed Motion for an Extension of Time to Respond to Complaint. The government and the Cherokee Nation defendants' response to the complaint shall be filed on or before December 4, 2018. Signed by Judge Thomas F. Hogan on November 5, 2018. (lctfh4).	Nov. 5, 2018	Nov. 5, 2018 PACER
	Set/Reset Deadlines: Answer to the Complaint due by 12/4/2018, (hs)	Nov. 5, 2018	Nov. 5, 2018 PACER
10	MOTION to Dismiss by TARA MACLEAN SWEENEY, RYAN ZINKE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Blaha, Amber) (Entered: 12/04/2018) 1 Memorandum in Support View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Text of Proposed Order View on PACER	Dec. 4, 2018	Dec. 4, 2018 Clearinghouse
11	MOTION to Dismiss for Lack of Jurisdiction by BILL JOHN BAKER, CHEROKEE NATION, CHEROKEE NATION ELECTION COMMISSION (Attachments: # 1 Memorandum in Support)(Hembree, Michael) (Entered: 12/04/2018) 1 Memorandum in Support View on PACER	Dec. 4, 2018	Dec. 4, 2018 Clearinghouse
12	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Lack of Jurisdiction, 10 MOTION to Dismiss by RHONDA LEONA BROWN FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC (Attachments: # 1 Text of Proposed Order)(Squire, Percy) (Entered: 01/02/2019)	Jan. 2, 2019	Jan. 2, 2019 PACER
13	Memorandum in opposition to re 12 MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Lack of Jurisdiction, 10 MOTION to Dismiss filed by BILL JOHN BAKER, CHEROKEE NATION, CHEROKEE NATION ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hembree, Michael) (Entered: 01/09/2019)	Jan. 9, 2019	Jan. 9, 2019 PACER
14	Unopposed MOTION to Stay re 11 MOTION to Dismiss for Lack of Jurisdiction, 10 MOTION to Dismiss (Motion to Stay Reply Deadline Due to Lapse in Appropriations) by TARA MACLEAN SWEENEY, RYAN ZINKE (Attachments: # 1 Text of Proposed Order)(Blaha, Amber) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
	ORDER granting 14 Motion to Stay in Light of Lapse of Appropriations. This case is hereby STAYED in its entirety due to a lapse in appropriations. The government shall file any reply briefs within 14 days after appropriations are restored. Signed by Judge Thomas F. Hogan on January 23, 2019. (lctfh4).	Jan. 23, 2019	Jan. 23, 2019 PACER
	MINUTE ORDER: The STAY in this case is hereby LIFTED. Signed by Judge Thomas F. Hogan on January 31, 2019. (lctfh4).	Jan. 31, 2019	Jan. 31, 2019 PACER
15	MOTION for Preliminary Injunction (RENEWED), Emergency MOTION for Hearing by RHONDA LEONA BROWN FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Squire, Percy) (Entered: 03/22/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	March 22, 2019	March 22, 2019 Clearinghouse
16	Memorandum in opposition to re 15 MOTION for Preliminary Injunction (RENEWED)Emergency MOTION for Hearing filed by TARA MACLEAN SWEENEY, RYAN ZINKE. (Attachments: # 1 Text of Proposed Order)(Blaha, Amber) (Entered: 03/29/2019)	March 29, 2019	March 29, 2019 PACER
17	Memorandum in opposition to re 15 MOTION for Preliminary Injunction (RENEWED)Emergency MOTION for Hearing filed by BILL JOHN BAKER, CHEROKEE NATION, CHEROKEE NATION ELECTION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Hembree, Michael) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 PACER
	Order on Motion for Extension of Time to File Response/Reply	April 11, 2019	April 11, 2019 PACER
	MINUTE ORDER: Because the date of the election for Principal Chief of the Cherokee Nation is June 1, 2019, the Court finds that there is no immediate need for a hearing, and that a hearing date more than 21 days after plaintiff's filing of her renewed motion for a preliminary injunction will not prejudice the parties. LCvR 65.1(d). Further, the Court hereby GRANTS 12 plaintiff's first motion for an extension of time to respond to defendants' motions to dismiss. The plaintiff shall file her response by Monday, April 22, 2019. (lctfh4).	April 11, 2019	April 11, 2019 PACER
	Set/Reset Deadlines	April 12, 2019	April 12, 2019 PACER
	Set/Reset Deadlines: Plaintiff's Response due by 4/22/2019 (hs)	April 12, 2019	April 12, 2019 PACER
18	REPLY to opposition to motion re 15 MOTION for Preliminary Injunction (RENEWED)Emergency MOTION for Hearing filed by RHONDA LEONA BROWN FLEMING, HARVEST INSTITUTE FREEDMEN FEDERATION, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Squire, Percy) (Entered: 04/22/2019)	April 22, 2019	April 22, 2019 PACER
19	MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on May 14, 2019. (lctfh3)	May 14, 2019	May 14, 2019 RECAP
20	ORDER granting 10 Federal Defendants' Motion to Dismiss Plaintiff's Complaint and 11 Tribal Defendants' Motion to Dismiss Plaintiff's Complaint; dismissing as moot 15 Renewed Motion for a Preliminary Injunction; dismissing 1 Complaint without prejudice. See order for details. Signed by Judge Thomas F. Hogan on May 14, 2019. (lctfh3) (Entered: 05/14/2019)	May 14, 2019	May 14, 2019 RECAP

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Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 30, 2018

Closing Date: May 14, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Potential candidate for President of Cherokee Nation that is a descendant of slaves freed and granted rights equal to "Blood Cherokees" pursuant to the Treaty of 1866.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

U.S. Secretary of the Interior, Federal

Assistant Secretary with jurisdiction over the Bureau of Indian Affairs, Federal

Principal Chief of Cherokee Nation, Tribe

Case Details

Causes of Action: