Greene v. Rhode Island

Decision Date31 October 2003
Docket NumberC.A. No. 03-69S.
Citation289 F.Supp.2d 5
CourtRhode Island Supreme Court
PartiesWilfred W. GREENE, a/k/a "Chief Eagle Heart," individually as a Native Indian, and as the duly-elected Chief of the Seaconke Wampanoag Tribe, Wampanoag Nation, and the Seaconke Wampanoag Tribe, Wampanoag Nation, and on behalf of the Native bands, clans, families, entities and individuals that are the descendants and heirs of the original Native Indians described in a deed from Wamsutta (a/k/a Alexander) to Thomas Willett dated April 8, 1661, Plaintiff, v. The State of RHODE ISLAND, the Town of Cumberland, and the City of Woonsocket in the State of Rhode Island, individually and as representatives of a defendant class composed of all persons and entities (including each named defendant) that currently occupy or have or claim an interest in any of the lands reserved for the Natives in a deed from Wamsutta (a/k/a Alexander) to Thomas Willett dated April 8, 1661, Defendants.

Earl F. Pasbach, Esq., Providence, RI, for Plaintiff.

Neil F.X. Kelly, Attorney General's Office, Providence, RI, Claire J.V. Richards, Office of the Governor, Providence, RI, Thomas E. Hefner, Attorney for the Town of Cumberland, Cumberland, RI, Joseph P. Carroll, Attorney for the City of Woonsocket, Woonsocket, RI, for Defendants.

John F. Killoy, Wakefield, RI, for Narragansett Indians, Amicus Curiae.

Eric H. Miller, Kaplan & Kolb, Inc., Providence, RI, Gus P. Coldebella, Brett C. Gerry, Goodwin Procter, LLP, Boston MA, for American Land Title Association, Amicus Curiae.

DECISION AND ORDER

SMITH, District Judge.

This case concerns a thirty-four square mile portion of land (the "Land") bordering the Blackstone River in northern Rhode Island. Wilfred W. Greene a/k/a "Chief Eagle Heart," Chief of the Seaconke Wampanoag Indian Tribe (the "Tribe" or the "Wampanoags"), brought this action claiming that a 1661 deed from the Wampanoags to a colonist reserved use and occupation rights over the Land, which now comprises significant portions of Cumberland and Woonsocket, Rhode Island. Even though the Tribe no longer occupies the Land, the Wampanoags now seek, inter alia, a declaration from this Court that they are the lawful and equitable owners of the Land.

The State of Rhode Island (the "State"), the Town of Cumberland (the "Town"), and the City of Woonsocket (the "City") (collectively, the "Defendants") have filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the Rhode Island Indian Claims Settlement Act (the "Settlement Act" or the "Act"), 25 U.S.C. § 1701 et seq., bars the Wampanoags' claims. For the reasons that follow, this Court grants the Defendants' Motion to Dismiss.

I. Factual Background

On a motion to dismiss, the Court takes the facts as pled by the plaintiff as true. The following facts are drawn from the Plaintiff's Complaint:

In 1621, Chief Massasoit, then Chief of the Wampanoags, entered into a treaty with Roger Williams to ensure the peaceful coexistence of the Tribe and the colonists. Complaint ¶ 19. In June of 1643, the General Court of the New Plymouth Colony created a formal procedure for the purchase of Indian lands in order to prevent confusion and controversy over land titles. Complaint ¶ 20. In 1661, Chief Wamsutta, then Chief of the Wampanoags, deeded land (including the Land that is the subject of this action) to Captain Thomas Willett ("Willett"), a colonist who had been authorized by the General Court of New Plymouth to purchase land from the Indians. This deed reserved "a competent portion of the land for some of the Natives at Mishanegitatonett1 for to plant and sojourn upon." Complaint ¶ 21. The Plaintiff contends that this deed afforded the Wampanoags a "coexisting right" with the colonists to use the land. Id.

On July 15, 1663, King Charles II granted the Charter of Rhode Island and Providence Plantations (the "Charter"), which annulled all prior claims to Indian lands by right of discovery or conquest. Complaint ¶ 27. The Charter recognized the responsibility of the government to oversee the conveyance of lands from the Indians. In contrast to other colonies' charters, the Rhode Island Charter provided that the Indians had title to Indian lands and that any conveyance from the Indians must be confirmed and established by royal consent. Complaint ¶ 29.

On April 10, 1666, Willett transferred the Land to the Court of New Plymouth, which in turn created a committee empowered to sell and divide the Land. Complaint ¶ 23. As the Court of New Plymouth divided and subdivided the Land, the Wampanoags' use of the Land diminished. Complaint ¶ 25.

As the colonial expansion continued, tensions developed between the Wampanoags and the colonists. Id. By 1675, those tensions had escalated into what is now known as King Philip's War.2 Complaint ¶ 26. The war displaced many of the Wampanoags living in the area that was reserved by the 1661 deed. Id. On October 19, 1694, the Massachusetts Bay Colony created the Town of Attleborough, which encompassed the reserved Wampanoag land known as the Attleborough Gore. Complaint ¶ 28. In 1746, King George II ceded the Attleborough Gore to the Rhode Island colony, which renamed it as the Town of Cumberland. Id. A portion of that land was later ceded to the Town of Woonsocket in 1867. Complaint ¶ 33.

The Wampanoags contend that they are entitled to the Land as allegedly reserved to them in the 1661 deed because the Tribe never made any treaties, deeds, or other writings that would have legitimately transferred their rights in the Land. Complaint ¶¶ 30, 37.

II. Standard of Review

In deciding Defendants' Motion to Dismiss, this Court must determine whether the Complaint states any claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). The facts alleged in the Wampanoags' Complaint must be taken as true, and all reasonable inferences must be drawn in their favor. See Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980); Aybar v. Crispin-Reyes, 118 F.3d 10, 13 (1st Cir.1997); Chongris v. Board of Appeals of Town of Andover, 811 F.2d 36, 37 (1st Cir.1987). A court should not grant a motion to dismiss pursuant to Rule 12(b)(6) unless it appears to a certainty that the plaintiff would be unable to recover under any set of facts. Roma Construction Co. v. aRusso, 96 F.3d 566, 569 (1st Cir.1996).

A court considering a motion to dismiss may consider public records without transforming the motion into one for summary judgment. See Cruz v. Melecio, 204 F.3d 14, 21-22 (1st Cir.2000); Watterson v. Page, 987 F.2d 1, 3-4 (1st Cir.1993).

III. Discussion

In their Complaint, the Wampanoags have asserted the following causes of action: (1) a federal and state Indian common law rights claim against the State, Town, and City, in which the Wampanoags assert the exclusive right to occupy the Land; (2) a civil rights claim pursuant to 42 U.S.C. § 1983 against the State, Town, and City; (3) violations of Article 1, Section 16 of the Rhode Island Constitution against the State, Town, and City; (4) violations of the Due Process Clause of the Fourteenth Amendment against the State, Town, and City; (5) a general claim asserting that the State, Town, and City lack jurisdiction over Indian Lands; and (6) a breach of fiduciary duty claim against the State. The Wampanoags also seek damages from the Defendants and each member of the "Landholder Class" (those in possession of the subject lands in or around Cumberland and Woonsocket, Rhode Island).

A. The Plaintiff's Land Entitlement Claims

In 1978, Congress passed the Settlement Act in order to resolve a disagreement between the Narragansett Indian Tribe (the "Narragansetts")3, the State of Rhode Island, and landowners in Charlestown, Rhode Island regarding the Narragansett Indian Tribe's purported entitlement to aboriginal ownership of approximately 3,200 acres of land located in Charlestown. See 25 U.S.C. § 1701. The Narragansetts asserted their claims to these lands by filing title claims in this court. See Narragansett Tribe of Indians v. S.R.I. Land Dev. Corp., 418 F.Supp. 798 (D.R.I.1976); Narragansett Tribe of Indians v. R.I. Dir. Of Envtl. Mgmt., C.A. No. 75-0005 (D.R.I.). To resolve the dispute, the Narragansetts, the State of Rhode Island, and the Town of Charlestown executed a Joint Memorandum of Understanding ("JMOU"). In exchange for the extinguishment of its title claims, the Narragansetts obtained a lump-sum payment and control over approximately 1,800 acres of land in Charlestown. See Rhode Island v. Narragansett Indian Tribe, 19 F.3d 685, 689 (1st Cir.1994). Because of Congress' plenary powers over Indian matters, in order for the JMOU to have an effect, the terms of the JMOU needed to be memorialized in a federal law. See id.; 25 U.S.C. § 1701(d). The Act is Congress' memorialization of the JMOU.

The Narragansetts' lawsuits had the effect of clouding title to much of the land in Charlestown. To dispel these clouds, the Settlement Act ratified all previous transfers of land and resources from "any Indian, Indian nation, or tribe of Indians" in Rhode Island. See 25 U.S.C. § 1712(a)(1). In approving all prior transfers of land, Congress extinguished all Indian land claims within Rhode Island against the United States, the State of Rhode Island, or any of its municipalities. See 25 U.S.C. § 1712(a)(1)-(3). The statute provides, in pertinent part, that:

[A]ny transfer of land or natural resources located anywhere within the State of Rhode Island outside the town of Charlestown from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (other than transfers included in and approved by section 1705 of this title), including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural...

To continue reading

Request your trial
4 cases
  • Central Tools, Inc. v. Mitutoyo Corp.
    • United States
    • U.S. District Court — District of Rhode Island
    • 11 Agosto 2005
    ... ... Johansson AB, Defendants ... No. C.A.04-68S ... United States District Court, D. Rhode Island ... August 11, 2005 ...         Matthew F. Medeiros, Little, Medeiros, Kinder, ... "may consider public records without transforming the motion into one for summary judgment." Greene v. Rhode Island, 289 F.Supp.2d 5, 8 (D.R.I.2003). And finally, when "a complaint's factual ... ...
  • Greene v. State of R.I.
    • United States
    • U.S. Court of Appeals — First Circuit
    • 11 Febrero 2005
    ... 398 F.3d 45 ... Wilfred W. GREENE, a/k/a "Chief Eagle Heart", et al., Plaintiffs, Appellants, ... The STATE OF RHODE ISLAND, et al., Defendants, Appellees ... No. 03-2670 ... United States Court of Appeals, First Circuit ... Heard September 17, 2004 ... ...
  • Friedman v. Kelly & Picerne, Inc.
    • United States
    • Rhode Island Superior Court
    • 26 Enero 2012
    ... ... CAPALBO; DAVID BOLTON; and the AUDUBON SOCIETY OF RHODE ISLAND, v. KELLY & PICERNE, INC. C.A. No. PB 05-1193 Superior Court of Rhode Island January ... See Levin v ... Kilborn , 756 A.2d 169, 173-74 (R.I. 2000); see also ... Greene v. Rhode Island , 289 F.Supp.2d 5, 12 (D. R.I ... 2003) (citing Levin for holding breach ... ...
  • Friedman v. Kelly & Picerne, Inc.
    • United States
    • Rhode Island Superior Court
    • 26 Enero 2012
    ... ... CAPALBO; DAVID BOLTON; and the AUDUBON SOCIETY OF RHODE ISLAND v. KELLY & PICERNE, INC. C.A. No. PB 05-1193 STATE OF RHODE ISLAND AND PROVIDENCE ... See Levin v. Kilborn , 756 A.2d 169, 173-74 (R.I. 2000); see also Greene v. Rhode Island , 289 F. Supp. 2d 5, 12 (D. R.I. 2003) (citing Levin for holding breach of ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT