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SMITH v. SOUTH DAKOTA

No. CIV. 11-4001-KES.

781 F.Supp.2d 879 (2011)

Wayne S. SMITH, Plaintiff, v. State of SOUTH DAKOTA; Jason Gant in his official capacity as Secretary of State of South Dakota; Chris Nelson in his personal capacity, former Secretary of State; Mike Milstead in his personal and official capacity as Minnehaha County Sheriff, Deputy Sheriff Jeff Gromer in his personal and official capacity, Defendants.

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

February 10, 2011.

Attorney(s) appearing for the Case

Andrew J. Knecht , Robert J. Doody , American Civil Liberties Union, Sioux Falls, SD, for Plaintiff.

Bobbi J. Rank , Richard M. Williams , Martin Jacob Jackley , Attorney General of South Dakota, Pierre, SD, Douglas M. Deibert , Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for Defendants.

ORDER GRANTING PRELIMINARY AND PERMANENT INJUNCTION

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Wayne Smith, moves for a preliminary and permanent injunction seeking to enjoin defendants1 from enforcing the United States citizenship requirement of SDCL 23-7-7.1(8) against him. State of South Dakota, Jason Gant in his official capacity as Secretary of State of South Dakota, and Mike Milstead in his official capacity as Minnehaha...

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