Tommy Thompson v. United States of America, and Eight Related Cases

Appellant in his complaint in this matter alleged that he is a member of a tribe or group of Indians who reside at Celilo, Oregon, on the Columbia River; that the United States has appropriated funds for and has begun the construction of a dam across the Columbia at The Dalles; and that, when the dam is completed, it will flood and wipe out the ancient fishing rights, guaranteed by treaty, of such Indians, including appellant. He asked in his first count a declaration and determination that he has a property interest in the fishery of the reasonable value of at least $10,000.00, and a like declaration that the construction of the dam will deprive him of such right; and he prayed judgment in damages against the government in the sum named.

In a second cause of action, he likewise sought a declaration and determination that he has an easement and right of access which will be flooded, and he asked judgment in the sum of $10,000.00 for the loss of such easement or right. Thus his complaint appears to combine prayers for declaratory relief with a cause or causes of action for damages under the Tucker Act, 28 U.S.C.A. § 1346 (a).

The government moved to dismiss on the ground that the…