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NYGAARD v. TAYLOR

3:19-CV-03016-RAL.

563 F.Supp.3d 992 (2021)

Aarin NYGAARD, and Terrance Stanley, Plaintiffs, v. Tricia TAYLOR, Ted Taylor, Jr., Jessica Ducheneaux, Ed Ducheneaux, Cheyenne River Sioux Tribal Court, Brenda Claymore, in Her Official Capacity as Chief Judge, Cheyenne River Sioux Tribal Court of Appeals; Frank Pommersheim, in His Official Capacity as Chief Justice; the South Dakota Department of Social Services, Todd Waldo, in His Official Capacity as Social Worker; and Jenny Farlee, in Her Offical Capacity as Social Worker, Defendants.

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

Signed September 24, 2021.

Attorney(s) appearing for the Case

Martin J. Jackley , Stacy R. Hegge , Gunderson, Palmer, Nelson & Ashmore, LLP, Pierre, SD, Sarah A. Aaberg , Pro Hac Vice, Tracy J. Lyson , Pro Hac Vice, O'Keeffe, O'Brien, Lyson & Foss, Ltd., Fargo, ND, for Plaintiffs.

Steven J. Gunn , Steven J. Gunn , Attorney at Law, St. Louis, MO, for Defendants Cheyenne River Sioux Tribal Court, Brenda Claymore, Frank Pommersheim, Cheyenne River Sioux Tribal Court of Appeals.

OPINION AND ORDER DENYING MOTION TO DISMISS

Aarin Nygaard and Terrance Stanley filed a petition for writ of habeas corpus under 25 U.S.C. § 1303 against numerous defendants including the Cheyenne River Sioux Tribal Court, Chief Judge of the Cheyenne River Sioux Tribal Court Brenda Claymore, the Cheyenne...

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