Flandreau Santee Sioux Tribe v. Gerlach

MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

Lawrence L. Piersol, United States District Judge

Secretary of the State of South Dakota Department of Revenue, Andy Gerlach, and Governor of South Dakota, Dennis Daugaard (collectively, Defendants or the State) move the Court to dismiss the Flan-dreau Santee Sioux Tribe’s (Plaintiff or the Tribe) complaint. Defendants assert three principal arguments why the action should be dismissed. First, Defendants maintain that the Tribe’s action is barred by the claim preclusive, or res judicata, effect of a South Dakota…