Legal Opinion
Rosebud Sioux Tribe v. South Dakota
Court of Appeals for the Eighth Circuit
Decided March 16, 1990No. Nos. 89-5227, 89-5228 and 89-5252PublishedCited by 14 opinions
1Opinion of the Court
LAY, Chief Judge.
This action was originally commenced by the Rosebud Sioux Tribe, later joined by the Cheyenne River Sioux Tribe, the Oglala Sioux Tribe and the Standing Rock Sioux Tribe (the Tribes), to enjoin the State of South Dakota from exercising civil and criminal jurisdiction over highways running through Indian land1 in the state. The district court2 upheld the state’s assertion *1166of jurisdiction. The Tribes have appealed; the state has cross-appealed the district court’s finding that its jurisdiction is concurrent with tribal authorities. We find the district court erred. Absent…
2Cases cited25 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Bryan v. Itasca CountySupreme Court of the United States · 1976
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. Spotted HorseSouth Dakota Supreme Court · 1990
- Harris v. YoungSouth Dakota Supreme Court · 1991
- Sage v. SICANGU OYATE HO. INC.South Dakota Supreme Court · 1991
- State v. CummingsSouth Dakota Supreme Court · 2004
- Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Intervenor, Oglala Sioux Tribe, Standing Rock Sioux Tribe v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official Capacities, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Oglala Sioux Tribe and Standing Rock Sioux Tribe, Intervenors-Plaintiffs Below v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official Capacities, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, Oglala Sioux Tribe, Standing Rock Sioux Tribe, (Plaintiff/intervenors Below) v. State of South Dakota George S. Mickelson, Governor Roger Tellinghuisen, Attorney General Jim Jones, Superintendent of the Highway Patrol, in Their Official CapacitiesCourt of Appeals for the Eighth Circuit · 1990
9 more not listed; retrieve them via the Exa API.