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GILBERT v. FLANDREAU SANTEE SIOUX TRIBE

No. 23733.

725 N.W.2d 249 (2006)

2006 SD 109

Helen GILBERT, Plaintiff and Appellant, v. FLANDREAU SANTEE SIOUX TRIBE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 29, 2006.

Attorney(s) appearing for the Case

Todd D. Epp of Todd D. Epp Law Office, P.L.L.C., Harrisburg, South Dakota, Attorney for plaintiff and appellant.

Rollyn H. Samp of Samp Law Firm, Sioux Falls, South Dakota, Attorney for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Gilbert was denied unemployment insurance (UI) benefits after a referee determined she had been terminated for work-related misconduct under SDCL 61-6-14.1. Gilbert claimed the South Dakota Department of Labor Unemployment Insurance Division's (Department) denial violated her state and federal constitutional rights of free speech. The circuit court affirmed the denial and Gilbert appeals...

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