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LAC COURTE OREILLES BAND, ETC. v. STATE OF WIS.

No. 74-C-313.

595 F.Supp. 1077 (1984)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS; Red Cliff Band of Lake Superior Chippewa Indians; Sokaogon Chippewa Indian Community, Mole Lake Band of Wisconsin; St. Croix Chippewa Indians of Wisconsin; Bad River Band of the Lake Superior Chippewa Indians; Lac Du Flambeau Band of Lake Superior Chippewa Indians, Plaintiffs, v. STATE OF WISCONSIN, Wisconsin Natural Resources Board, Carroll D. Besadny, James Huntoon, and George Meyer, Defendants.

United States District Court, W.D. Wisconsin.

October 19, 1984.

Attorney(s) appearing for the Case

Howard Bichler, Wisconsin Judicare, Wausau, Wis., for St. Croix.

James Jannetta, Getzin & Jannetta, Lac du Flambeau, Wis., for Lac du Flambeaus.

Kathryn L. Tierney, Tribal Atty., Hayward, Wis., for Lac Courte Oreilles.

Earl Charleton, Charleton Law Firm, Milwaukee, Wis., for Mole Lake Band.

Milton Rosenberg, Bell Law Offices, Madison, Wis., for Red Cliff Band.

Candy L. Jackson, Odanah, Wis., for Bad River Band.

Maureen McGlynn, Mary Bowman, Asst. Attys. Gen., Madison, Wis., for defendants.

Mark Hazelbaker, Legal Counsel, Wis. Counties Assn., Madison, Wis., for amicus curiae.

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Defendant State of Wisconsin invokes 11th amendment immunity as an affirmative defense to all claims by plaintiffs. The other defendants contend they share in the State's immunity. Plaintiffs seek declaratory and injunctive relief, and monetary damages for past infringement of their rights. Although defendants have raised a variety of affirmative defenses, I deal here only with whether 11th amendment immunity...

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