Legal Opinion

Charles O'Neal and Leo O'Neal v. Cheyenne River Sioux Tribe

Court of Appeals for the Eighth Circuit

Decided August 20, 1973No. 73-1031PublishedCited by 40 opinions

1Opinion of the Court

ROSS, Circuit Judge.

The principal issue on this appeal is whether individual Indian plaintiffs, who fail to exhaust tribal remedies in civil disputes with the tribe, are prohibited from bringing suit in federal court on an action predicated essentially upon the Indian Bill of Rights. 25 U.S.C. § 1302. In this case the trial court held that such Indian plaintiffs must first exhaust their tribal remedies and dismissed the action. We affirm with modifications.

The plaintiffs are enrolled members of the Cheyenne River Sioux Tribe (hereafter CRST). They operate a ranch on the CRST reservation, and…

2Cases cited9 opinions

  1. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Von D. Mizell v. North Broward Hospital DistrictCourt of Appeals for the Fifth Circuit · 1970
  4. Dodge v. NakaiDistrict Court, D. Arizona · 1968
  5. Melvin White Eagle, Chairman v. Philomene One FeatherCourt of Appeals for the Eighth Circuit · 1973

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3Cited by40 opinions

  1. Russell Means v. Dick WilsonCourt of Appeals for the Eighth Circuit · 1975
  2. Kevin Howlett v. The Salish and Kootenal Tribes of the Flathead Reservation, MontanaCourt of Appeals for the Ninth Circuit · 1976
  3. Ralph R. Tom v. William Sutton, Jailor, Whatcom CountyCourt of Appeals for the Ninth Circuit · 1976
  4. Mary Daly v. United States of AmericaCourt of Appeals for the Eighth Circuit · 1973
  5. Ernest SELAM, Plaintiff-Appellant, v. WARM SPRINGS TRIBAL CORRECTIONAL FACILITY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998

35 more not listed; retrieve them via the Exa API.

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