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GOODFACE v. GRASSROPE

Nos. 83-1542, 83-1641.

708 F.2d 335 (1983)

Duane GOODFACE; Winona Long; Charles Langdeau; Patrick Spears and William Ziegler, Appellees, v. Garfield GRASSROPE, Kay Gourneau; Debra Isburg; Orville C. Langdeau and Michael Jandreau; Darrell Middletent, Appellants. Donald Dodge, in his official capacity as Acting Area Director for the Bureau of Indian Affairs for the Aberdeen Area Office and William C. Gipp, in his official capacity as acting superintendent of the Bureau of Indian Affairs for Lower Brule Agency. Duane GOODFACE; Winona Long; Charles Langdeau; Patrick Spears and William Ziegler, Appellees, v. Garfield GRASSROPE; Mike Jandreau; Kay Gourneau; Debra Isburg; Orville C. Langdeau; Darrell Middletent, Donald Dodge, Individually and in his official capacity as Acting Area Director for the Bureau of Indian Affairs for the Aberdeen Area Office; William Gipp, Individually and in his official capacity as Acting Superintendent of the Bureau of Indian Affairs for Lower Brule Agency; Edwin Miller, in his official capacity as Superintendent of the Bureau of Indian Affairs for Lower Brule Agency; Jerry Jaeger, in his official capacity as Area Director for the Bureau of Indian Affairs for the Aberdeen Area Office; and the United States of America, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1983.

Attorney(s) appearing for the Case

Mario Gonzalez, Pine Ridge, Sidney C. Flores, Flores, Estremera & Barrios, San Jose, Cal., for appellees.

Martin W. Matzen, Blake A. Watson, Attys., Dept. of Justice, Washington, D.C., for federal appellants.

R. Dennis Ickes, and Tristan C. Cannon of R. Dennis Ickes, P.C., Salt Lake City, Utah, and William J. Srstka, Jr., of Dunan, Olinger, Srstka, Lovald & Robbennolt, Pierre, S.D., for appellants.

Before BRIGHT, McMILLIAN and FAGG, Circuit Judges.

BRIGHT, Circuit Judge.

The controversy underlying these appeals concerns a dispute over a tribal election held by the Lower Brule Sioux Tribe on November 17, 1982. The district court, in a judgment filed April 22, 1983, directed that the defendant officials of the Bureau of Indian Affairs (hereinafter collectively referred to as the BIA) recognize the newly elected council as the governing body of the tribe over the rights of the 1980 council, which claimed that its...

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