Legal Opinion
United States v. Means
District Court, D. South Dakota
Decided December 9, 1985No. CIV 81-5131, CIV 81-5135PublishedCited by 3 opinions
1Opinion of the Court
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
DONALD E. O’BRIEN, Chief Judge.
This matter involves a controversy over whether or not the denial of a “special use permit” by the Forest Service was arbitrary and capricious. The Court finds that it was and that it has the effect of discriminating against Indians who were trying to practice their religion and the decision to deny was based on a clear error of judgment. The Forest Service is directed to again review this situation in conformance with this order.
HISTORY OF THIS LITIGATION On April 4, 1981, a group of people, mostly American Indians,…
2Cases cited48 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
43 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States v. MeansCourt of Appeals for the Eighth Circuit · 1988
- Blanken v. Ohio Department of Rehabilitation & CorrectionDistrict Court, S.D. Ohio · 1996
- United States v. William Means, Mathew King, A/K/A Noble Redman, Charles Abourezk, Russell Means and All Other Persons Occupying the Location Called "Yellow Thunder Camp" at Victoria Lake in the Black Hills National Forest, William A. Means, Gregory F. Zephier, Ron Two Bulls, Russell Means for Yellow Thunder Camp and the Lakota Nation v. James Mathers, Forest Supervisor, United States Forest Service Craig Rupp, Regional Forest Supervisor, United States Forest Service R. Max Peterson, Chief, United States Forest Service Richard Lyng, Secretary of AgricultureCourt of Appeals for the Eighth Circuit · 1988