OGLALA SIOUX TRIBE v. FLEMING

Nos. 17-1135, 17-1136, 17-1137.

904 F.3d 603 (2018)

OGLALA SIOUX TRIBE; Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; Madonna Pappan; Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Lisa FLEMING, in her official capacity, Defendant, Mark Vargo, in his official capacity, Defendant-Appellant, Honorable Craig Pfeifle; Lynne A. Valenti, in their official capacities, Defendants. Cherokee Nation of Oklahoma; ICWA Law Center; National Congress of American Indians; National Indian Child Welfare Association; Navajo Nation; Amici on Behalf of Appellee(s). Oglala Sioux Tribe; Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; Madonna Pappan; Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Lisa Fleming; Mark Vargo, in their official capacities, Defendants, Honorable Craig Pfeifle, in his official capacity, Defendant-Appellant, Lynne A. Valenti, in her official capacity, Defendant. Oglala Sioux Tribe; Rosebud Sioux Tribe, as parens patriae, to protect the rights of their tribal members; Madonna Pappan; Lisa Young, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Lisa Fleming, in her official capacity, Defendant-Appellant, Mark Vargo; Honorable Craig Pfeifle, in their official capacities, Defendants, Lynne A. Valenti, in her official capacity, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants were Jeffrey G. Hurd , of Rapid City, SD; Rebecca L. Mann , of Rapid City, SD. Robert L. Morris, II , of Belle Fourche, SD. The following attorney(s) appeared on the appellant briefs; Mr. J. Crisman Palmer , of Rapid City, SD; Ms. Rebecca L. Mann , of Rapid City, SD; Robert L. Morris, II , of Belle Fourche, SD; Jeffrey G. Hurd , of Rapid City, SD.

Counsel who presented argument on behalf of the appellee was Stephen L. Pevar , of Hartford, CT. The following attorney(s) appeared on the appellee brief; Dana L. Hanna , of Rapid City, SD., Stephen L. Pevar , of Hartford, CT.

Before SMITH, Chief Judge, MURPHY and COLLOTON, Circuit Judges.


The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna Pappan and Lisa Young brought this action against various South Dakota officials under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by the State to remove children temporarily from their homes in exigent circumstances...

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