October 14, 2025

On a symbolic day marked for celebrating indigenous heritage, Indigenous Peoples’ Day 2025, a significant legal battle was initiated as descendants of the Mdewakanton Dakota Sioux announced a federal lawsuit against the U.S. government. The plaintiffs are demanding a staggering $5 billion in compensation for the ancestral lands around Lake Pepin, Minnesota, they claim were unjustly taken from them, alongside a plea for federal recognition of their tribe.
The lawsuit, filed in the U.S. Court of Federal Claims, centers around alleged violations of the 1830 Treaty of Prairie du Chien. The descendants argue that their forebears were fraudulently dispossessed of their rightful lands, a move that not only stripped them of their heritage lands but also erased their Dakota identity due to federal policies.
Represented by attorney Erick Kaardal, the Sioux descendants argue that the recognition and restitution are crucial to restoring and preserving the Dakota identity. Tom Smith, a direct descendant involved in the case, emphasized that federal recognition is essential for acknowledging and maintaining their cultural and historical identity.
The legal claim extends to about 500 square miles historically designated as the Lake Pepin Reservation, which stretches along the Mississippi River Valley. The plaintiffs seek both declaratory relief, confirming their continuous tribal status, and financial compensation, drawing parallels to other significant Indigenous land-restitution cases like Cobell v. Salazar.
Central to the dispute is the 1830 Treaty of Prairie du Chien, which was intended to reserve land for mixed-heritage Dakota families. However, subsequent treaties and federal actions, such as the 1851 Treaties of Traverse des Sioux and Mendota, effectively nullified earlier agreements without the consent of the Dakota descendants. This breach, the plaintiffs argue, violated the federal government's fiduciary duties and trust obligations.
The historical context of the Mdewakanton Dakota Sioux is a poignant narrative of loss and resilience. Following the Dakota War of 1862 and the subsequent mass execution of 38 Dakota men, the largest in U.S. history, the surviving Dakota were exiled, and their treaties with the U.S. voided. Despite these adversities, some families remained in Minnesota, gradually re-establishing their communities and achieving federal recognition, as seen with the Shakopee Mdewakanton Sioux Community (SMSC).
Today, the SMSC is a testament to the economic and cultural renewal possible when tribal sovereignty is recognized and supported. From opening gaming enterprises to making significant charitable contributions, the SMSC has transformed into one of America’s most economically successful tribal nations.
As the case unfolds, its implications could extend far beyond financial compensation, potentially setting a precedent for how unratified Native-American treaties are interpreted and how unrecognized tribes might achieve federal acknowledgment. This lawsuit not only rekindles discussions about the legal potency of 19th-century treaties but also underscores the ongoing struggle for justice, recognition, and restitution by the Mdewakanton Dakota descendants.