Legal Opinion

Tribe v. United States Department of Health

District Court, D. South Dakota

Decided May 5, 1994No. Civ. No. 94-4073PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiffs challenge decisions of the Indian Health Service (IHS) to discontinue inpatient and emergency medical services for members of the Yankton Sioux Tribe at the Wagner IHS Health Care Facility. Plaintiffs seek judicial review of these agency decisions under the Administrative Procedures Act (APA), 5 U.S.C. § 702. They also assert Fifth Amendment due process and equal protection claims.

On April 1, the Court issued a temporary restraining order enjoining Defendants from reducing 24-hour emergency room service and terminating the…

2Cases cited10 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Lyng v. Northwest Indian Cemetery Protective Assn.Supreme Court of the United States · 1988
  3. Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985
  4. Lincoln v. VigilSupreme Court of the United States · 1993
  5. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. Yankton Sioux Tribe v. US DEPT. OF HLTH. & HUM.District Court, D. South Dakota · 1994

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