Dakota Gaming Patron’s Privacy Act Complaint Dismissed

Here are the materials in Block v. Dakota Nation Gaming Commission (D.S.D.):

1 Complaint

5 Motion to Dismiss

9 DCT Order

Eighth Circuit Affirms Conviction of Sisseton-Wahpeton Oyate Member for Misapplication of Tribal Funds

Here is the opinion in United States v. Wanna.

An excerpt:

A jury convicted Charlene Wanna of misapplication of funds from an Indian tribal organization and aiding and abetting in violation of 18 U.S.C. §§ 1163 and 2. The district court sentenced Wanna to 33 months imprisonment. Wanna appeals her conviction and sentence. Having appellate jurisdiction under 28 U.S.C. § 1291, we affirm.

The briefs:

Wanna Brief

US Brief

Wanna Reply

Federal Court Holds Sisseton Housing Authority is Tribal Organization for Purposes of 18 USC § 1163

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

51 White Motion to Dismiss

53 Red Owl Motion to Dismiss

54 DuMarce Motion to Dismiss

56 Red Thunder Motion to Dismiss

57 Government’s Response

61 MJ R&R Denying Motion to Dismiss

98 DCT Order Adopting R&R

MSU Press Book Announcement: Gwen Westerman’s “Follow the Blackbirds”

Here.WestermanCompF.indd Gwen is a brilliant writer and thinker, and one of my favorite people. Buy her book.


In language as perceptive as it is poignant, poet Gwen Nell Westerman builds a world in words that reflects the past, present, and future of the Dakota people. An intricate balance between the singularity of personal experience and the unity of collective longing, Follow the Blackbirds speaks to the affection and appreciation a contemporary poet feels for her family, community, and environment. With touches of humor and the occasional sharp cultural criticism, the voice that emerges from these poems is that of a Dakota woman rooted in her world and her words. In this moving collection, Westerman reflects on history and family from a unique perspective, one that connects the painful past and the hard-fought future of her Dakota homeland. Grounded in vivid story and memory, Westerman draws on both English and the Dakota language to celebrate the long journey along sunflower-lined highways of the tallgrass prairies of the Great Plains that returns her to a place filled with “more than history.” An intense homage to the power of place, this book tells a masterful story of cultural survival and the power of language.

Briefs in Merrill v. Altman (S.D. ICWA Case Previously Posted)

We posted the South Dakota Supreme Court’s opinion from December here.

Here are the briefs:

Merrill Opening Brief

Altman Brief

Merrill Reply

Eighth Circuit Rejects South Dakota’s Challenge to Sisseton Trust Acquisition on Standing Grounds

From the CA8 website:

111745P.pdf 01/11/2012 State of South Dakota v. U.S. Department of Interior U.S. Court of Appeals Case No: 11-1745 U.S. District Court for the District of South Dakota – Pierre [PUBLISHED] [Riley, Author, with Wollman and Beam, Circuit Judges]
Civil case – Indian law. In an action by the State of South Dakota seeking to prevent the Secretary of the Interior from completing land-into- trust acquisitions, the State lacked standing to bring a constitutional due process claim, and the appeal is dismissed.

Here are the briefs.