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UNITED STATES MARSHALS SERVICE v. MEANS

No. 82-2489.

741 F.2d 1053 (1984)

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 August 14, 1984.

Attorney(s) appearing for the Case

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

Russell Means, pro se.

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

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.

JOHN R. GIBSON, Circuit Judge.

We must decide whether the United States may be compelled to expend federal funds for fees and expenses of witnesses subpoenaed by indigent civil litigants in cases where the United States is a party. The United States brought an action against some forty individuals living in the Yellow Thunder Camp, claiming that they were illegally occupying land in the Black Hills National Forest. After the government presented its case at trial...

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