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BISSONETTE v. HAIG

No. 84-2617.

800 F.2d 812 (1986)

Gladys BISSONETTE, Ellen Moves Camp, Eugene White Hawk, Marvin Ghost Bear, Edgar Bear Runner, Oscar Bear Runner, Severt Young Bear, Rachel White Dress, Helen Red Feather, Eddie White Dress, Vicki Little Moon, Madonna Gilbert, Lorelei Means, and Carla Blakey, Appellants, v. Alexander HAIG, Richard G. Kleindienst, Joseph T. Sneed, Charles D. Ablard, Joseph H. Trimbach, Ralph E. Erickson, Harlington Wood, Jr., Kenneth Belieu, Rolland Gleszer, Edmund Edwards, John Hay, and Volney F. Warner, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

David Engdahl, Federal Way, Wash., for appellant.

James M. Spears, Dept. of Justice, Washington, D.C., for appellee.

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

ARNOLD, Circuit Judge.

The complaint in this case alleges, among other things, that plaintiffs were seized and confined within the Village of Wounded Knee, South Dakota, by defendants, and that defendants accomplished this seizure and confinement by use of the United States Army, in violation of the Posse Comitatus Act, 18 U.S.C. § 1385. That statute makes it a felony to use the United States Army for domestic law-enforcement purposes, unless the use is expressly...

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