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OGLALA SIOUX TRIBE v. VAN HUNNIK

No. CIV. 13-5020-JLV.

993 F.Supp.2d 1017 (2014)

OGLALA SIOUX TRIBE and Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; and Rochelle Walking Eagle, Madonna Pappan, and Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs, v. Luann VAN HUNNIK; Mark Vargo; Hon. Jeff Davis; and Kim Malsam-Rysdon, in their official capacities, Defendants.

United States District Court, D. South Dakota, Western Division.

January 28, 2014.

Attorney(s) appearing for the Case

Dana Hanna , Rapid City, SD, Stephen L. Pevar , Faclu Foundation, Hartford, CT, Andrew J. Knecht , American Civil Liberties Union, Sioux Falls, SD, Rachel E. Goodman , ACLU, New York, NY, for Plaintiffs.

Robert L. Morris , Morris Law Firm, Belle Fourche, SD, J. Crisman Palmer , Sara Frankenstein, Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, SD, Ann F. Mines , Roxanne Giedd , Attorney General of South Dakota, Pierre, SD, Nathan R. Oviatt , Goodsell Quinn, LLP, Rapid City, SD, for Defendants.

ORDER DENYING MOTIONS TO DISMISS

JEFFREY L. VIKEN, Chief Judge.

INTRODUCTION

Plaintiffs Oglala Sioux Tribe, Rosebud Sioux Tribe, Rochelle Walking Eagle, Madonna Pappan and Lisa Young (collectively referred to as "plaintiffs") filed a complaint against defendants Luann Van Hunnik, Mark Vargo, Hon. Jeff Davis and Kim Malsam-Rysdon (collectively referred to as "defendants") in their official capacities. (Docket 1). The complaint asserts defendants...

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