MILLE LACS BAND OF OJIBWE v. COUNTY OF MILLE LACS

Case No. 17-cv-05155 (SRN/LIB).

589 F.Supp.3d 1042 (2022)

MILLE LACS BAND OF OJIBWE, a federally recognized Indian Tribe; Sara Rice, in her official capacity as the Mille Lacs Band Chief of Police; and Derrick Naumann, in his official capacity as Sergeant of the Mille Lacs Police Department, Plaintiffs, v. COUNTY OF MILLE LACS, MINNESOTA; Joseph Walsh, individually and in his official capacity as County Attorney for Mille Lacs County; and Donald J. Lorge, individually and in his official capacity as Sheriff of Mille Lacs County, Defendants.

United States District Court, D. Minnesota.

Signed March 4, 2022.


Attorney(s) appearing for the Case

Anna Brady , Beth Ann Baldwin , Marc D. Slonim , and Wyatt Golding , Ziontz Chestnut, 2101 Fourth Avenue, Suite 1230, Seattle, WA 98121; and Arielle Wagner , Charles N. Nauen , and David J. Zoll , Lockridge Grindal Nauen P.L.L.P., 100 Washington Avenue South, Suite 2200, Minneapolis, MN 55401, for Plaintiffs.

Brett D. Kelley , Kelley, Wolter & Scott, P.A., 431 South Seventh Street, Suite 2530, Minneapolis, MN 55415; Courtney E. Carter and Randy V. Thompson , Nolan Thompson Leighton & Tataryn PLC, 1011 First Street South, Suite 410, Hopkins, MN 55343; and Scott M. Flaherty and Scott G. Knudson , Taft Stettinius & Hollister LLP, 80 South Eighth Street, Suite 2200, Minneapolis, MN 55402, for Defendant County of Mille Lacs, Minnesota.

Scott M. Flaherty and Scott G. Knudson , Taft Stettinius & Hollister LLP, 80 South Eighth Street, Suite 2200, Minneapolis, MN 55402, for Defendant Joseph Walsh.

Brett D. Kelley , Douglas A. Kelley , Stacy Lynn Bettison , and Steven E. Wolter , Kelley, Wolter & Scott, P.A., 431 South Seventh Street, Suite 2530, Minneapolis, MN 55415; and Scott M. Flaherty and Scott G. Knudson , Taft Stettinius & Hollister LLP, 80 South Eighth Street, Suite 2200, Minneapolis, MN 55402, for Defendant Donald J. Lorge.


MEMORANDUM OPINION AND ORDER

Table of Contents

I. Background 1049

A. The 1855 Treaty Establishing the Mille Lacs Reservation 1049

B. The 1863 and 1864 Treaties 1050

C. The 1867 Treaty 1054

D. Treatment of the Reservation Between 1867 and the Nelson...

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