Yankton Sioux Tribe v. United States Department of Health & Human Services
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
The Yankton Sioux Tribe on behalf of its members and individual member Glenn Drapeau (collectively “the Tribe”) brought this action to challenge the decision of the United States Indian Health Service (IHS) to close an emergency room at the Wagner IHS Health Care Facility (Wagner emergency room) and to convert it to an urgent care facility. IHS and the other defendants 1 moved to dismiss the Tribe’s claims on the grounds of res judicata and for failure to state a claim. The district court 2 granted the motion, and the Tribe appeals. We affirm.
I
In the early 1990s IHS made…
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