Oglala Sioux Tribe v. Mark Vargo
Court of Appeals for the Eighth Circuit
1Opinion of the Court
COLLOTON, Circuit Judge.
The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna Pappan and Lisa Young brought this action against various South Dakota officials under 42 U.S.C. § 1983 . They challenged procedures used in proceedings brought by the State to remove children temporarily from their homes in exigent circumstances. The plaintiffs alleged that the defendants were engaged in ongoing violations of the Due Process Clause of the Fourteenth Amendment and the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq. , because their policies and practices deprived…
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