South Dakota SCT Enforces Rosebud Tribal Court Judgment Against Estate of Former Elected Official

Here is the opinion in Rosebud Sioux Tribe v. Estate of Colombe.

An excerpt:

An estate appealed from a circuit court’s decision to grant comity to a Rosebud Sioux Tribal Court order. The order pierced a business’s corporate veil and held decedent personally liable for a judgment in favor of the Rosebud Sioux Tribe. We affirm.

Briefs:

Appellee’s Brief

Appellant’s Amended Brief

Reply Brief

Two Indian Country Job Posting for Dakota Plains Legal Services

 POSITION ANNOUNCEMENT: Managing Attorney – Eagle Butte, South Dakota

DAKOTA PLAINS LEGAL SERVICES (DPLS), a non-profit legal services program, is accepting applications for a Managing Attorney position in our Eagle Butte, South Dakota, branch office.  The Eagle Butte office serves the Cheyenne River Indian Reservation in South Dakota and Dewey, Haakon, Potter and Ziebach counties in South Dakota.

QUALIFICATIONS/RESPONSIBILITIES: Applicants must have a JD degree and be licensed to practice in South Dakota, or willing and qualified to take the next South Dakota Bar Exam; must be a bright, motivated, self-starter; must have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law with regular appearances in court; must demonstrate an interest in poverty law and working with Native American and low income clients; and must commit to a minimum of a two year employment period, upon completion of a six month probationary period.  Applicant must have at least one year experience in the practice of poverty law or Indian law, with trial and appellate experience in state and federal courts or two years’ experience in the general practice of law.  If Applicant does not possess this experience we would consider Applicant for a staff attorney position until qualified to be a Managing Attorney.

SALARY: Competitive, depending on experience.  DPLS has an excellent fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability).

CLOSING DATE: Open until filled.

APPLICATION INFORMATION:  Please submit a letter of interest and resume to:

John J. Buchy, Executive Director

Dakota Plains Legal Services

PO Box 727

Mission, SD 57555

(605) 856-4444

dpls1@gwtc.net

Native Americans, Women and Minorities are encouraged to apply.  Dakota Plains Legal Services is an Equal Opportunity Employer.

***

MANAGING ATTORNEY – MISSION, SOUTH DAKOTA

DAKOTA PLAINS LEGAL SERVICES (DPLS), a non-profit legal services program, is accepting applications for a Managing Attorney position in our Mission, South Dakota, branch office.  The Mission office serves the Rosebud Sioux Indian Reservation in South Dakota and Gregory, Jones, Mellette, Todd and Tripp counties in South Dakota.

QUALIFICATIONS/RESPONSIBILITIES: Applicants must have a JD degree and be licensed to practice in South Dakota, or willing and qualified to take the next South Dakota Bar Exam; must be a bright, motivated, self-starter; must have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law with regular appearances in court; must demonstrate an interest in poverty law and working with Native American and low income clients; and must commit to a minimum of a two year employment period, upon completion of a six month probationary period.  Applicant must have at least one year experience in the practice of poverty law or Indian law, with trial and appellate experience in state and federal courts or two years’ experience in the general practice of law.  If Applicant does not possess this experience we would consider Applicant for a staff attorney position until qualified to be a Managing Attorney.

 

SALARY: Competitive, depending on experience.  DPLS has an excellent fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability).

 

CLOSING DATE: Open until filled.

 

APPLICATION INFORMATION:  Please submit a letter of interest and resume to:

 

John J. Buchy, Executive Director

Dakota Plains Legal Services

PO Box 727

Mission, SD 57555

(605) 856-4444

dpls1@gwtc.net

 

Native Americans, Women and Minorities are encouraged to apply.  Dakota Plains Legal Services is an Equal Opportunity Employer.

Eighth Circuit Decides Tribal Court Exhaustion Appeal — Colombe v. Rosebud Sioux

Here is the opinion.

Briefs and lower court materials here.

Update in Columbe v. Rosebud Sioux Tribe

The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.

Here are the materials:

DCT Granting Motion to Dismiss in Part

RST Supplemental Memorandum

RST 2d Supplemental Memorandum

Columbe Affidavit

Prior materials are here.

 

Parties Ordered to Produce Contract Provision that Will Determine Whether Rosebud Sioux Tribe Waived Immunity in Federal Court

Here are the materials in Colombe v. Rosebud Sioux Tribe (D. S.D.), a convoluted case originating in tribal court on whether the tribal court can pierce the corporate veil of a former gaming management partner of the Tribe:

RST v. BBC Entertainment Tribal Court Order

Rosebud Motion to Dismiss

Colombe Opposition

Rosebud Reply

DCT Order in Colombe