George Kicking Woman v. Donald P. Hodel, Secretary of the Interior, and Leo Lee Old Person

Relatives of a deceased Native American disputed the intestate succession to interest in “allotted trust lands” held by a member of the Blackfeet Indian Tribe of Montana, the late Joseph Kicking Woman (“Joseph” or “decedent”). An administrative law judge determined that one claimant, Leo Lee Old Person (“Leo”), was Joseph’s natural son and sole heir. George Kicking Woman (“George”), Joseph’s brother, and other relatives, appealed the decision of the administrative law judge to the Department of the Interior’s Board of Indian Appeals (“the Board”). The Board found no reason to overturn the decision below, and George with other members of the Kicking Woman family filed a challenge to the Board’s action in the District Court of Montana, naming the Secretary of the Interior and Leo as defendants. The district court granted summary judgment in favor of defendants on some claims and dismissed others for lack of jurisdiction due to the statutory bar to judicial review of 25 U.S.C. § 372 . George and the other relatives now appeal.

We hold that federal courts have jurisdiction to review allegations that Indian probate proceedings violate the constitution. At the same time, we affirm the…