YANKTON SIOUX TRIBE v. KEMPTHORNE

No. CIV. 06-4091.

442 F.Supp.2d 774 (2006)

YANKTON SIOUX TRIBE, a federally-recognized Tribe of Indians; Marty Indian School, a Tribal Grand School of the Yankton Sioux Tribe, Flandreau Santee Sioux Tribe, a federally-recognized Tribe of Indians; Cheyenne River Sioux Tribe, a federally-recognized Tribe of Indians; Oglala Sioux Tribe, a federally-recognized Tribe of Indians; Loneman School, a Tribal Grant School of the Oglala Sioux Tribe; Porcupine School, a Tribal Grant School of the Oglala Sioux Tribe; Wounded Knee District School, Tribal Grant School of the Oglala Sioux Tribe; Standing Rock Sioux Tribe, a federally-recognized Tribe of Indians; Turtle Mountain Band of Chippewa Indians, a federally-recognized Tribe of Indians; and Lower Brule Sioux Tribe, a federally-recognized Tribe of Indians, Plaintiffs, v. Dirke KEMPTHORNE, Secretary, United States Department of Interior, or his predecessor-in-office; United States Department of Interior; United States Bureau of Indian Affairs; James Cason, in his official capacity as the Acting Assistant Secretary of Indian Affairs for the United States Department of Interior, or his successor in office; Ed Parisian, in his capacity as Acting Director for the Office of Indian Education Programs, or his successor-in-office, Defendants.

United States District Court, D. South Dakota, Southern Division.

July 14, 2006.


Attorney(s) appearing for the Case

Charles Thomas Abourezk, Abourezk & Zephier, PC, Rapid City, SD, Rollyn H. Samp, Samp Law Office, Sioux Falls, SD, Julian H. Brown, Pierre, SD, for Plaintiffs.


ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

SCHREIER, Chief Judge.

Plaintiffs, Indian Tribes and tribal grant schools, move for a preliminary injunction to prevent the closure of several Education Line Offices operated by the Office of Indian Education Programs (OIEP). Defendants oppose the motion. Plaintiffs' motion for a preliminary injunction is granted.

BACKGROUND

Plaintiffs are Indian Tribes or tribal schools operated...

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