Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:
In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.
South Dakota Opening Brief
Native American Council Brief
US Amicus Brief
South Dakota Reply Brief
Lower court materials are here and here.
Other posts are here, here, and here.
Here are the new materials in Native American Council of Tribes v. Weber (D. S.D.):
DCT Order on Stay and Attorney Fees
Prior materials are here, here, here, and here.
The case, once again, is Native American Council of Tribes v. Weber (D. S.D.):
DCT Remedial Order
The court previously issued an order explaining how the ban violates federal religious freedom rights here.
Since the prison system could not agree with the prisoners on a way to craft an injunction, Judge Schreier simply issued an order stating, “[D]efendants are enjoined from banning tobacco used during Native American religious ceremonies.”
Here is that brief:
US Statement of Interest
The parties’ initial post-trial briefs are here:
Brings Plenty Post-Trial Brief
South Dakota Post-Trial Brief
Our prior post is here.
News coverage (h/t A.E.).
Here is the opinion in Native American Council of Tribes v. Weber (D. S.D.):
NA Council of Tribes v Weber
Summary judgment is denied on plaintiffs’ RLUIPA claim because genuine issues of material fact exist on whether defendants’ October 2009 policy substantially burdens plaintiffs’ religious exercise. Summary judgment is also denied on plaintiffs’ First and Fourteenth Amendment claims because defendants offer no argument as to why summary judgment is appropriate on those claims. Summary judgment is granted on the AIRFA claim because AIRFA does not create an independent cause of action. Summary judgment is also granted on plaintiffs’ international law claims because the customary law claim is vague, the genocide claim lacks a factual basis, and the United Nations Charter claim does not create an individual cause of action.