ROSEBUD SIOUX TRIBE v. UNITED STATES

No. 20-2062.

9 F.4th 1018 (2021)

ROSEBUD SIOUX TRIBE, a federally recognized Indian tribe, and its individual members, Plaintiff-Appellee, v. UNITED STATES of America; Department of Health and Human Services, an executive department of the United States; Xavier Becerra, Secretary of Health and Human Services; Indian Health Service, an executive agency of the United States; Elizabeth A. Fowler, Director of Indian Health Service; James Driving Hawk, Director of the Great Plains Area Health Service, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2021.


Attorney(s) appearing for the Case

Timothy W. Billion , Brendan V. Johnson , Robins & Kaplan, Sioux Falls, SD, Matthew Lee Campbell , Kim Gottschalk , Native American Rights Fund, Boulder, CO, Bruce A. Finzen , Eric John Magnuson , Denise S. Rahne , Robins & Kaplan, Minneapolis, MN, Timothy Q. Purdon , Robins & Kaplan, Bismarck, ND, for Plaintiff-Appellee.

Kevin Koliner , Assistant U.S. Attorney, Daniel Tenny , U.S. Attorney's Office, District of South Dakota, Sioux Falls, SD, John Samuel Koppel , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellants.

Before SHEPHERD, ERICKSON, and KOBES, Circuit Judges.


In this appeal, we are asked to consider whether the district court1 erred by declaring the United States has a duty to provide "competent physician-led healthcare" to the Rosebud Sioux Tribe ("the Tribe") and its members. In light of promises made to...

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