American Indian Students at UND File Suit over “Fighting Sioux” Nickname/State Legislation

Matthew L.M. Fletcher

Here is the complaint in Annis v. Dalrymple (D. N.D.):

Complaint and Jury Trial Demand

And the press release:

University of North Dakota Native American Students

File Suit to Prevent “Fighting Sioux” Nickname, Logo and Imagery

Seek damages after Legislature mandates use of the nickname

August 11, 2011–Bismarck, ND—Six native American students of the University of North Dakota University (UND) filed a lawsuit in federal court today to prevent further use of the University’s “Fighting Sioux” imagery and logo in athletics, and to seek damages. The complaint names the North Dakota Governor Jack Dalrymple, the Attorney General Wayne Stenehjem, the State of North Dakota, the state’s Board of Higher Education, and the University of North Dakota (UND), for their actions in connection with the North Dakota legislature’s recent passage of legislation mandating the use of the “Fighting Sioux” nickname and logo.

The complaint, filed in the U.S. District Court in Bismarck, alleges that the legislation, which became effective August 1st:  1)  violates the North Dakota Constitution, which vests the power to make such decisions exclusively with the State Board of Higher Education, not the legislature;  2)  contravenes a court-ordered settlement directing that the name be changed, which was reached between the National Collegiate Athletic Association, the State of North Dakota and the North Dakota State Board of Higher Education;  and 3)  violates the 14th Amendment rights of the plaintiffs, in that the name and logo are disparaging and harmful to native Americans, and their use has created overt and implicit hostility towards them on University of North Dakota campuses.

The complaint alleges violations of the federal Civil Rights Act (42 U.S.C. §§ 1983 and 1988), the 14th Amendment to the U.S. Constitution and the laws and Constitution of the State of  North Dakota.

The plaintiffs are seeking an injunction from the Board and UND to comply with the NCAA settlement “by retiring the Fighting Sioux nickname and logo no later than August 15th, 2011,” as well as a court order enjoining the defendants from executing or enforcing the legislation. They are also seeking compensatory and punitive damages. [updated 8/15/11] To arrange interviews with Sanford Dumain of Milberg LLP. contact Dan Fleshler (646-552-1213).