Legal Opinion

Lower Brule Sioux Tribe v. Southn Dakota

District Court, D. South Dakota

Decided April 30, 1982No. CIV 80-3046PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

BOGUE, Chief Judge.

The Lower Brule Sioux Tribe brought this action against the State of South Dakota and Jack Merwin, Secretary of the State Department of Game, Fish, and Parks. In its complaint the Tribe seeks declaratory and injunctive relief concerning regulatory jurisdiction over hunting and fishing on the Lower Brule Reservation, 28 U.S.C. §§ 2201, 2202. This Court has jurisdiction over the controversy under 28 U.S.C. § 1362. 1

BACKGROUND

The territory of the Sioux Nation was defined first by the Fort Laramie Treaty of 1851, 11 Stat. 749, and later, by the Second Fort…

2Cases cited47 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1981
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  4. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
  5. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980

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3Cited by7 opinions

  1. Lower Brule Sioux Tribe v. State of South Dakota John Cooper, Secretary, Division of Game, Fish & Parks for the State of South DakotaCourt of Appeals for the Eighth Circuit · 1997
  2. Lower Brule Sioux Tribe v. South DakotaCourt of Appeals for the Eighth Circuit · 1983
  3. Swift Transportation, Inc. v. JohnDistrict Court, D. Arizona · 1982
  4. Lower Brule Sioux Tribe v. State of South DakotaDistrict Court, D. South Dakota · 1996
  5. Lower Brule Sioux Tribe v. State of South Dakota, and Jack Merwin, Secretary, Division of Game, Fish and Parks for the State of South Dakota, Lower Brule Sioux Tribe v. State of South Dakota, and Jack Merwin, Secretary, Division of Game, Fish and Parks for the State of South DakotaCourt of Appeals for the Eighth Circuit · 1983

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