YANKTON SIOUX TRIBE v. U.S. DEPT. OF HHS

No. 07-3096.

533 F.3d 634 (2008)

YANKTON SIOUX TRIBE, a federally-recognized tribe of Indians, and its individual members; Glenn Drapeau, an individual member of the Yankton Sioux Tribe, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; United States Indian Health Service; Michael Leavitt, in his capacity as the United States Secretary of Health and Human Services, or his successor in office; Charles Grim, in his capacity as the Director of the United States Indian Health Service, or his successor in office; Donald Lee, in his capacity as Aberdeen Area Director of the United States Indian Health Service, or his successor or predecessor in office; Earl Cournoyer, in his capacity as the Wagner Service Unit Director of the United States Indian Health Service; John Doe, whose true name is unknown, in his or her official capacity, or his successor in office; Jane Doe, whose true name is unknown, in his or her official capacity, or her successor in office, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2008.


Attorney(s) appearing for the Case

Rebecca L. Kidder, argued, Charles Abourezk, on the brief, Rapid City, SD, for appellant.

Diana Jo Ryan, AUSA, argued, Marty J. Jackley, USA, on the brief, Sioux Falls, SD, for appellee.

Before WOLLMAN, MURPHY, and SMITH Circuit Judges.


MURPHY, Circuit Judge.

The Yankton Sioux Tribe on behalf of its members and individual member Glenn Drapeau (collectively "the Tribe") brought this action to challenge the decision of the United States Indian Health Service (IHS) to close an emergency room at the Wagner IHS Health Care Facility (Wagner emergency room) and to convert it to an urgent care facility. IHS and the other defendants1 moved to dismiss the Tribe's claims on the...

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