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UNITED STATES MARSHALS SERVICE v. MEANS

No. 82-2489.

724 F.2d 642 (1983)

UNITED STATES MARSHALS SERVICE, Appellant, v. William A. MEANS, Mathew King, a/k/a Noble Redman, and all other persons occupying the location called "Yellow Thunder Camp at Victoria Lake in the Black Hills National Forest", Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1983.

Attorney(s) appearing for the Case

Larry B. Leventhal, Minneapolis, Minn., Bruce Ellison, Roger Finzel, Rapid City, S.D., for appellee.

Russell Means, Rapid City, S.D., pro se.

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., Reed Rasmussen, Asst. U.S. Atty., Rapid City, S.D., Carol E. Dinkins, Asst. Atty. Gen., Anthony C. Liotta, Deputy Asst. Atty. Gen., Peter R. Steenland, Jr., Nancy B. Firestone, Attys., Dept. of Justice, Washington, D.C., for appellant; Lawrence E. Fischer, Deputy Gen. Counsel, U.S. Marshals Service, McLean, Va., of counsel.

Before BRIGHT, JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

The significant question before us concerns the expenditure of federal funds for fees and expenses of witnesses subpoenaed by indigent civil litigants. The United States brought an action against some forty Sioux Indians and others (the appellees) living in the Yellow Thunder Camp, claiming that the lands were being illegally occupied. The district court1 found that the Government had brought a number of...

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