District of South Dakota – Page 10

What is material to the court’s analysis is the shifting national focus on industrial hemp as a viable agricultural crop and the decision of the Attorney General of the United States to engage in a dialogue with the various tribes on the relationship between the CSA and the Agricultural Act of 2014. The government did not challenge Mr. White Plume’s assertion that “[w]ith the Agricultural Act of 2014, the Federal government joined the twenty-two states that have enacted legislation on industrial hemp.” (Docket 125 at p. 7) (reference omitted). Nor did the government challenge the representation that seven states have ventured into the area of agricultural or academic research of industrial hemp.

Federal Court Rejects Nonmember Challenge to Tribal Member Probated Estate

March 30, 2016March 30, 2016Matthew L.M. Fletcher

Here are the materials in Estate of Raymond P. Sauser v. United States (D. S.D.):

18 Motion for Judgment on the Pleadings

19 US Response

20 Reply

22 DCT Order

An excerpt:

Because James Raymond Sauser’s Renunciation of interest in the Trust Land was untimely filed, the IBIA was correct to not consider it when rendering its decision. In order to be valid, the Renunciation needed to be filed with the ALJ prior to the issuance of his final order. In addition, the ALJ and IBIA reasonably interpreted the Decedent’s will and gave effect to its provisions. This Court finds that neither the ALJ nor the IBIA acted arbitrarily and capriciously as defined in the Administrative Procedure Act.

Federal Court Materials in Pine Ridge Horse Impoundment Matter

February 22, 2016February 22, 2016Matthew L.M. Fletcher

Here are the materials in Temple v. Her Many Horses (D. S.D.):

12 Temple Motion for TRO

33 DOI Motion to Dismiss

37 Response

41 Reply

55 DCT Order

Motions for Reconsideration in Oglala Sioux v. Van Hunnik Denied

February 22, 2016June 10, 2016Kate Fort1 Comment

After losing a partial summary judgment in March, the state defendants filed motions to reconsider. Those have now been denied. The order is here.

The DSS Defendants miss the point of the court’s findings. The issue is not what the Indian parents knew about the reasons their children were initially removed from the parents’ custody, but rather the factual basis supporting continued separation of the family. This is the information mandated for disclosure to the parents and for consideration by the state court judges in determining whether continued separation of the family is necessary under ICWA. (Docket 150 at pp. 27-28).

The court acknowledged the DSS Defendants claimed to have provided the ICWA affidavit. See id. at p. 13. What was troubling to the court and justified the findings made on the issue was that “disclosure of an ICWA affidavit and petition for temporary custody to a parent was not mentioned in 77 out of 78 cases.” Id. at pp. 13-14. Then in seven cases there were specific references in the transcripts to complaints by the parents or the Tribe’s counsel that they had not received the documents allegedly justifying continued placement with DSS. Id. at pp. 14-15.

Flandreau Santee Sioux Prevails in Tax Dispute with South Dakota

February 17, 2016Matthew L.M. Fletcher

Here is the order in Flandreau Santee Sioux Tribe v. Gerlach (D. S.D.):

60 DCT Order

Briefs here.

Federal Court Rejects Jurisdiction over Lower Brule Sioux Tribe Internal Disputes

February 1, 2016February 1, 2016Matthew L.M. Fletcher

Here are the materials in Wright v. Langdeau (D.S.D.):

12 Motion for TRO

15 Langdeau Motion to Dismiss

15-4 Tribal Court Order

19 US Motion to Dismiss

20 DCT Order

South Dakota Dismisses Inmate Suit Against Rosebud Sioux Prison Officials

January 26, 2016January 26, 2016Sarah M Donnelly

Opinion and Order Granting Leave to Proceed In Forma Pauperis and Dismissing Complaint in the matter of Whiting v. Eagle Bear (Jan. 22 2016).

William Whiting claimed constitutional violations, but the district court found it did not have jurisdiction to hear the case and defendants are immune. Whiting must use administrative remedies.