Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin

OPINION AND ORDER

CRABB, Chief Judge.

Plaintiffs brought this action under 28 U.S.C. § 1362 and 42 U.S.C. § 1983, as political successors in interest to the Lake Superior Chippewa, claiming usufructuary rights on territory ceded to the United States by the Lake Superior Chippewa by treaties of 1837 and 1842. Plaintiffs are seeking a declaratory judgment concerning their off-reservation usufructuary hunting, fishing, and gathering rights under the treaties; injunctive relief concerning permissible state regulation of any such treaty rights; and restitution and damages for the past deprivation of…