Partial Dismissal of Discrimination Complaint against Wells Fargo South Dakota

Here is the complaint in Torgerson v. Wells Fargo South Dakota (D.S.D.) — torgerson-complaint

And here is the opinion dismissing some of the counts on the pleadings — dct-order-torgerson-v-wells-fargo

Lewendowski v. S.W.S.T Fuel — Tribal Court Exhaustion Doctrine

Sad case. This claim arises out of a fire at a foster home at Sisseton that killed several Indian children.

employers-mutual-casualty-motion-for-summary-judgment

auto-owners-motion-to-dismiss

swst-fuel-motion-to-dismiss

lewandowski-v-swst-fuel-dct-opinion

US v. Wells — Motion to Suppress Statements Made to Tribal Police and FBI

In this case, the District of South Dakota denied a motion to suppress statements made at the Oglala Sioux Tribal Police Department to tribal police and FBI agents.

us-v-wells-dct-order

us-v-wells-magistrate-report

US v. Nystrom — Bribery of Crow Creek Sioux Tribe Official

In this case, the District of South Dakota accepted a magistrate report and recommendation not to dismiss federal charges of bribing a tribal school official.

us-v-nystrom-dct-order

us-v-nystrom-magistrate-report

Albers v. Mellegard Inc. — FLSA and ERISA Claims by American Indians

Here, a pair of American Indians who were fired by non-Indian-owned company brought suit under ERISA and FLSA. Most of their claims, except the FLSA claims, were dismissed.

albers-v-mellegard-inc-dct-order

Quinn v. Leavitt — Gender Discrimination Claim against IHS

In Quinn v. Leavitt, the District of South Dakota found in favor of the IHS in a sex discrimination claim against the Indian Health Service.

quinn-v-leavitt-dct-judgment

District Court Judge on Tribal Cops at Rosebud

Indianz reports that the district court judge in South Dakota will adopt the report and recommendation of the Magistrate in United States v. Erickson (dct-order-adopting-rr-in-erickson-case). Here are the rest of the materials.

Birdnecklace v. Steele — Federal Court Challenge to Oglala Sioux Election

Sr. District Judge Bogue dismissed this claim, brought under 42 U.S.C. sec. 1985. Here are the materials:

oglala-sioux-election-coa-order

oglala-sioux-sct-order

birdnecklace-amended-complaint

birdnecklace-motion-for-default-judgment

steele-motion-dismiss

steele-motion-to-dismiss-exhibit-1

steele-motion-to-dismiss-exhibit-3

birdnecklace-dct-opinion

Garreaux v. Jackson — Federal Tort Claims Act Case Dismissed — Substandard Housing

This case involved the alleged failure of the Cheyenne River Housing Authority to maintain, repair, and keep homes under the Mutual Help Program. According to the plaintiff, an elderly Indian woman, was forced to heat her home in the winter using her cooking stove. The district court dismissed the claim against the feds under the Federal Tort Claims Act.

Here are the materials:

Complaint

US Motion to Dismiss

Response Brief

Reply Brief

DCT Order

Cottier v. City of Martin – Voting Rights Act Attorney Fees Order – South Dakota

The district court for the District of South Dakota issued an order granting an award for around $600K in attorney fees to the plaintiffs in a voting rights case in Indian Country. Here are the materials:

DCT Order on the Merits [Dec. 2006]

DCT Order on Attorney Fees