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COTTIER v. CITY OF MARTIN

No. 05-1895.

445 F.3d 1113 (2006)

Pearl COTTIER, Rebecca Three Stars, Appellants, v. CITY OF MARTIN; Todd Alexander, Rod Anderson, Scott Larson, Don Moore, Brad Otte, Molly Risse, in their official capacities as members of the Martin City Council; Janet Speidel, in her official capacity as Finance Officer of the City of Martin, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed May 5, 2006.

As Corrected May 8, 2006.

Attorney(s) appearing for the Case

Bryan L. Sells, argued, American Civil Liberties Union Foundation, Inc., Atlanta, GA, for appellant.

Sara Frankenstein, argued, Rapid City, SD, for appellee.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.

HEANEY, Circuit Judge.

Martin, South Dakota is a city of 1,078 people located adjacent to the Pine Ridge and Rosebud Indian Reservations. The city is divided into three, dual member wards, each of which elects its two aldermen every two years in staggered terms. Native-Americans make up nearly 45% of the total population and 36% of the voting-age population. Only twice since 1984 has an Indian-preferred candidate been elected alderman. In each case, their election...

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