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SPIRIT LAKE TRIBE v. JAEGER

No. 20-2142.

5 F.4th 849 (2021)

SPIRIT LAKE TRIBE, on its own behalf and on behalf of its members; Dion Jackson; Kara Longie; Kim Twinn; Terry Yellow Fat; Leslie Peltier; Clark Peltier; Standing Rock Sioux Tribe, on its own behalf and on behalf of its members; Richard Brakebill; Della Merrick; Elvis Norquay, on behalf of himself; Ray Norquay, on behalf of himself; Lucille Vivier, on behalf of herself, Plaintiffs-Appellees, v. Alvin JAEGER, in his official capacity as the North Dakota Secretary of State, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2021.

Attorney(s) appearing for the Case

Matthew Lee Campbell , Jacqueline De Leon , NATIVE AMERICAN RIGHTS FUND, Boulder, CO, Molly Danahy , Mark P. Gaber , Danielle M. Lang , CAMPAIGN LEGAL CENTER, Washington, DC, Timothy Q. Purdon , ROBINS & KAPLAN, Bismarck, ND, Joseph Sellers , COHEN & MILSTEIN, Washington, DC, for Plaintiffs-Appellees Spirit Lake Tribe, Dion Jackson, Kara Longie, Kim Twinn, Terry Yellow Fat, Leslie Peltier, Clark Peltier, and Standing Rock Sioux Tribe.

Matthew Lee Campbell , Jacqueline De Leon , NATIVE AMERICAN RIGHTS FUND, Boulder, CO, Richard Debodo , THEODORA & ORINGHER, Los Angeles, CA, Thomas A. Dickson , DICKSON LAW OFFICE, Bismarck, ND, Daniel David Lewerenz , Joel West Williams , NATIVE AMERICAN RIGHTS FUND, Washington, DC, for Plaintiffs-Appellees Richard Brakebill, Della Merrick, Elvis Norquay, Ray Norquay, and Lucille Vivier.

James E. Nicolai , Deputy Solicitor, David Ray Phillips , Matthew A. Sagsveen , Assistant Attorneys General, ATTORNEY GENERAL'S OFFICE, Bismarck, ND, for Defendant-Appellant Alvin Jaeger.

Before COLLOTON, BENTON, and KELLY, Circuit Judges.

This appeal arises from a challenge by Native American residents of North Dakota to portions of the State's elections statutes. After the parties resolved the suit with a consent decree, the district court1 granted the plaintiffs' motion for attorney's fees. The court rejected the contention...

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