Wichita And Washoe Tribes File Amended Complaint in Indian Boarding School Accounting Lawsuit Against U.S. Government

Class Action Seeks Accounting of Tribal Trust Funds Used for Federal Indian Boarding Schools

WASHINGTON — June 3, 2026 — The Wichita and Affiliated Tribes and the Washoe Tribe of Nevada and California have filed an amended class action complaint against the United States government seeking a full accounting of tribal trust funds, land proceeds, treaty-stipulated education funds, and other resources allegedly used to support the Federal Indian Boarding School Program. 

The amended complaint, filed in the United States District Court for the District of Columbia, builds on the Tribes’ original lawsuit and adds further detail concerning the Boarding School Program, and how the federal government made Native Nations pay for it with Nations’ own funds and labor. As the amended complaint explains, despite the federal government’s treaty-based, statutory, and fiduciary duty to provide for the education of Native Nations’ children, the government used Native Nations’ own resources to finance a system that stripped Native children of their culture, cruelly separated them from their families, punished them for speaking their languages, and, in many cases, physically and sexually abused them. 

The amended complaint leverages federal accounting records, archival materials, and government reports that allegedly show Native Nations’ funds were pooled and used to support boarding schools, and alleges the United States has failed in its ongoing duty to account for how much was taken, how it was spent, what remains, and what losses resulted.

“The amended complaint makes even clearer what Native Nations have long understood: the United States has not fully answered for how our own resources were used to support the boarding school system,” said Serrell Smokey, Chairman of the Washoe Tribe of Nevada and California. “The government has acknowledged the harm, but acknowledgment is not the same as accountability. Our people are entitled to know what was taken, how it was used, and what remains.”

“The Boarding School Program inflicted profound and lasting harm on our communities, and the amended complaint shows why the accounting we seek is essential,” said Tasha R. Mousseau, Vice President of the Wichita and Affiliated Tribes. “The long-term consequences of these schools continue to manifest within Native Nations, there are lasting wounds felt across generations. The United States must now account for the money, land, labor, and trust resources used to operate them.”

“This amended complaint explains why an accounting is not optional,” said Adam Levitt, Founding Partner of DiCello Levitt. “It connects the federal government’s own admissions with archival and accounting records showing how Native Nations’ funds were pooled, spent, and never fully accounted for. Justice begins with the truth, and the truth requires a full accounting.”

The amended complaint seeks relief on behalf of a proposed class of Native Nations whose citizens attended boarding schools pursuant to the Federal Indian Boarding School Program between 1819 and 1969. The case is Wichita and Affiliated Tribes et al. v. Burgum et al., Case No. 1:25-cv-03235, pending in the United States District Court for the District of Columbia.

The Tribes are represented by DiCello Levitt, Selendy Gay, Fields Han Cunniff, Whitley Law Firm, and All Rise! PLLC. A copy of the amended complaint is available here.

About DiCello Levitt
DiCello Levitt LLP is one of the leading plaintiffs’ law firms in the United States. Nationally recognized for our work in high-stakes class actions, mass torts, and complex litigation, we have recovered more than $25 billion for clients, including individuals, businesses, and communities. We take on some of the world’s most powerful interests, pursuing justice that reshapes industries and improves lives.

Built for trial, DiCello Levitt is among the few plaintiffs’ firms with a dedicated trial center, where our acclaimed trial lawyers bring both art and science to courtroom preparation and trial strategy. We are frequently appointed to lead major multidistrict litigation (MDLs) and consistently recognized among the nation’s top plaintiffs’ firms by Chambers USA, Benchmark Litigation, and The National Law Journal, which has named DiCello Levitt Plaintiffs’ Firm of the Year and Trial Strategy Innovation Firm of the Year.

About Selendy Gay
Selendy Gay is an elite litigation firm dedicated to excellence in disputes, including trials, appeals, arbitrations, and investigations. The firm leads multiple high-stakes trials each year across an array of industries and jurisdictions. Selendy Gay’s partners are known for successfully defending bet-the-company matters and pursuing massive plaintiff-side judgments, obtaining more than $40 billion in recoveries. The firm is also renowned for its commitment to the public good, with public interest litigation victories that are as significant as those in commercial matters.

For more information about the firm, please visit www.selendygay.com.

About Fields Han Cunniff
Fields Han Cunniff PLLC has represented over half of the population of Tribal Nations across the United States in high-stakes litigation aimed at addressing systemic injustices and promoting long-term community wellbeing. The firm has played a leading role in holding major corporations accountable for the harms caused by the opioid crisis and the impact of social media on Indigenous youth. With a deep commitment to supporting sovereignty and self-determination, Fields Han Cunniff works closely with Tribal governments to pursue litigation strategies that protect their interests and strengthen their communities. Learn more at www.fhcfirm.com.

About Whitley Law Firm
Whitley Law Firm is a family-led legal practice based in Raleigh, North Carolina. With a legacy spanning over fifty years, the firm is committed to providing exceptional legal service to its clients by combining compassionate care with a deep commitment to the community it serves.

About All Rise!
All Rise! is a legal co-op and law firm that proudly serve clients across the entire state of Oklahoma. Whether you’re in the bustling cities of Oklahoma City or Tulsa, the small towns that dot rural Oklahoma, or anywhere in between, our commitment to providing top-tier legal services remains the same. We only accept cases we truly believe in. Learn more at allrise.law.

Media Contact
Caitlin Whitehurst, Director of Communications, DiCello Levitt, cwhitehurst@dicellolevitt.com, 513-582-3532