Cheryl Montileaux, Deceased; Charles T. Montileaux, Jr., Deceased Plaintiffs v. DIOCESE OF SOUTH DAKOTA EPISCOPAL (2021)

United States Court of Appeals, Eighth Circuit.

Miriam C. MONTILEAUX; Charles T. Montileaux, Sr., individually and as special administrator of the estate of Cheryl Montileaux and Charles T. Montileaux, Jr.; Naomi Montileaux Plaintiffs-Appellants Cheryl Montileaux, Deceased; Charles T. Montileaux, Jr., Deceased Plaintiffs v. The DIOCESE OF SOUTH DAKOTA, EPISCOPAL; Chapter of Calvary Cathedral, Holding Company for Diocese; Jonathan Folts, The Right Reverend; Randy Reinartz, Bishop; Trustee First National Bank, in Sioux Falls, South Dakota; Tom Benz, Employee; Alan Meyers, of Wealth Management Dept.; Bob Baker, President of Bank; Chris Ekstrum Defendants-Appellees

No. 21-1570

Decided: July 26, 2021

Before LOKEN, KELLY, and ERICKSON, Circuit Judges.

Miriam C. Montileaux, Kyle, SD, Pro Se. Charles T. Montileaux, Kyle, SD, Pro Se. Naomi Montileaux, Kyle, SD, Pro Se. Gregory J. Bernard, Lonnie R. Braun, Kimberly Pehrson, Thomas & Braun, Rapid City, SD, for Defendants-Appellees Diocese of South Dakota, Episcopal, Chapter of Calvary Cathedral, Holding Company for Diocese, Jonathan Folts, Randy Reinartz, Bishop. Ashley Rae Brost, Justin T. Clarke, Vince Roche, Davenport & Evans, Sioux Falls, SD, for Defendants-Appellees Trustee First National Bank, Tom Benz, Alan Meyers, Bob Baker, Chris Ekstrum.

[Unpublished]

Appellants, who are members of the Montileaux family and the Oglala Sioux Tribe, brought this action claiming violations of the Treaty of Fort Laramie of 1868. The district court ¹ dismissed the action without prejudice for lack of subject matter jurisdiction, and the Montileauxs now appeal. After careful review of the record and the parties’ arguments on appeal, we conclude that dismissal was proper for the reasons explained by the district court. See Buckler v. United States, 919 F.3d 1038, 1044 (8th Cir. 2019) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.

PER CURIAM.

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