South Dakota Federal Court Declines to Dismiss Oglala Sioux Tribe’s Demand for Federal Law Enforcement Funding

Here are the updated materials in Oglala Sioux Tribe v. United States (D.S.D.):

Prior post with additional briefs here.

Jaune Smith

South Dakota Federal Court Dismisses Federal Gun Possession Indictment Relying on Rosebud’s D.V. Conviction

Here are the available materials in United States v. Peneaux (D.S.D.):

An excerpt from the order:

Federal law prohibits the possession of a firearm by a person “who has been convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Defendant Hunter Peneaux pleaded guilty to domestic abuse in Rosebud Sioux Tribal Court on three separate occasions. He was later indicted by a grand jury for violating § 922(g)(9). Peneaux now moves to dismiss the indictment, arguing that his tribal court convictions do not qualify as misdemeanor crimes of domestic violence because they did not have” as an element, the user attempted use of physical force.” 18 U.S.C. § 921(a)(33)(A)(ii). Under the sometimes-frustrating analys is required by the Supreme Court, this Court must dismiss Peneaux’s indictment.

FTCA Suit Brought against Federal Bureau of Prisons for Death of Andrea Circle Bear

Here is the complaint in LeBeau v. United States (D.S.D.):

We posted news coverage here way back when. Ms. Circle Bear was the first federal prisoner to die of COVID in 2020. According to the complaint, she was 8 months pregnant in March 2020 when the government decided to transfer her to a prison in Texas, where she immediately contracted the virus. She gave birth while intubated.

South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

Here are the materials in Archambault v. United States (D.S.D.):

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order

Oglala Sioux Tribe Demands Immediate Funding for Law Enforcement

Here are updated materials in Oglala Sioux Tribe v. United States (D.S.D.):

Prior post here.

Split Eighth Circuit Reverses State Tax Preemption Judgment Favoring Flandreau Santee Sioux

Here is the opinion in Flandreau Santee Sioux Tribe v. Houdyshell.

Briefs here.

South Dakota Federal Court Rejects Federal Effort to End Suit against Flandreau Santee Sioux Tribe

Here are the materials in Roeman v. United States (D.S.D.):