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NATIVE AMERICAN COUNCIL OF TRIBES v. WEBER

Nos. 13-1401, 13-2745.

750 F.3d 742 (2014)

NATIVE AMERICAN COUNCIL OF TRIBES; Blaine Brings Plenty; Clayton Sheldon Creek, Plaintiffs-Appellees v. Douglas WEBER, Warden of the South Dakota State Penitentiary; Dennis Kaemingk, Secretary of the Department of Corrections, Defendants-Appellants United States of America, Amicus on Behalf of Appellee(s). Native American Council of Tribes; Blaine Brings Plenty; Clayton Sheldon Creek, Plaintiffs-Appellees v. Douglas Weber, Warden of the South Dakota State Penitentiary; Dennis Kaemingk, Secretary of the Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 25, 2014.

Attorney(s) appearing for the Case

Ronal A. Parsons, Jr. , argued, Pamela Bollweg , on the brief, Sioux Falls, SD, for Plaintiffs-Appellees.

James Ellis Moore , argued, Michele Ann Munson , on the brief, Sioux Falls, SD, for Defendants-Appellants.

April J. Anderson , argued, Mark Lenard Gross , on the brief, Washington, D.C, for amicus on behalf of Appellee(s).

Before BYE, BRIGHT, and SMITH, Circuit Judges.

BRIGHT, Circuit Judge.

In this appeal, we consider the South Dakota Department of Corrections' ("SDDOC") decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes ("NACT") and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively "inmates")1 brought suit against prison officials from the SDDOC (collectively "defendants")

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