Legal Opinion

Gilbert v. Flandreau Santee Sioux Tribe

South Dakota Supreme Court

Decided November 29, 2006No. 23733PublishedCited by 10 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Gilbert was denied unemployment insurance (UI) benefits after a referee determined she had been terminated for work-related misconduct under SDCL 61-6-14.1. Gilbert claimed the South Dakota Department of Labor Unemployment Insurance Division’s (Department) denial violated her state and federal constitutional rights of free speech. The circuit court affirmed the denial and Gilbert appeals. We affirm.

FACTS

[¶ 2.] Helen Gilbert (Gilbert) was employed by the Flandreau Santee Sioux Tribe (Tribe) as an education coordinator from November 13, 2000 to August 10, 2004.…

2Cases cited28 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Garcetti v. CeballosSupreme Court of the United States · 2006
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. Rankin v. McPhersonSupreme Court of the United States · 1987

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3Cited by10 opinions

  1. State v. BurkettSouth Dakota Supreme Court · 2014
  2. Advisory OpinionSouth Dakota Supreme Court · 2026
  3. Knisley v. Lake CountyDistrict Court, D. South Dakota · 2016
  4. Brown v. WebsterHo-Chunk Nation Supreme Court · 2007
  5. Davis v. Ssd Dept. of Ed.South Dakota Supreme Court · 2011

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

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