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
Clearinghouse coding complete
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 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.
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/
Hogan, Thomas Francis (District of Columbia)
Robinson, Paul A. (District of Columbia)
Squire, Percy (District of Columbia)
Blaha, Amber B. (District of Columbia)
Hembree, Michael Todd (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/7782015/fleming-v-the-cherokee-nation/
Last updated April 13, 2026, 4:41 a.m.
Case Details
State / Territory:
Case Type(s):
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):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Federal
Assistant Secretary with jurisdiction over the Bureau of Indian Affairs
U.S. Secretary of the Interior
Tribe
Principal Chief of Cherokee Nation
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Constitutional Clause(s):
Other Dockets:
District of District of Columbia 1:18-cv-02041
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Affected National Origin/Ethnicity(s):
Affected Race(s):
American Indian/Alaskan Native
Voting:
Case Summary of Fleming v. Cherokee Nation, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44804/ (last updated 4/10/2024).