Miccosukee Tribe of Indians of FL v. United States, et al, No. 10-14271 (11th Cir. 2013)Annotate this Case
The Tribe filed a complaint regarding the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The gist of the four-count complaint the Tribe filed was that the project diverted excessive flood waters over tribal lands. The district court dismissed three of the complaint's counts for failure to state a claim for relief and the fourth on summary judgment. The court concluded that the district court properly dismissed Count I because the complaint contained nothing to support Count I's allegation that the Corps had an obligation to protect and not interfere with the Tribe's rights; the district court properly dismissed Count II because it contained no allegation of the process the Tribe claimed was due, much less that it was inadequate; the district court properly dismissed Count III because it failed for the same reasons the court found Count I insufficient to state a claim; and the district court properly dismissed Count IV because its allegations were vague and ambiguous. Accordingly, the court affirmed the judgment.