Filed Date: Dec. 2, 2022
Closed Date: June 13, 2023
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In this case, an enrolled member of the Oglala Sioux Tribe invoked the 1868 Fort Laramie Treaty Rights to have the Department of the Interior investigate and prosecute the Oglala Sioux Tribe Election Commission for breaking certain rules governing elections that were permitted by the Oglala Sioux Tribe Commission.
On December 2, 2022, Plaintiff, a member of the Oglala Sioux Tribe, commenced this action pro se in the United States District Court for the District of South Dakota against the Oglala Sioux Tribe Election Commission. Plaintiff claimed that the Oglala Sioux Tribe Council served as both the legislative and judicial authorities, and in its capacities, it has allowed the Defendant to break election rules such as allowing challenge votes, allowing voters to use pencil, and using the Enrollment Office to verify addresses on challenge votes. Plaintiff claimed that these actions constituted fraud, waste and abuse. Plaintiff invoked her 1868 Fort Laramie Treaty rights to call for an investigation into Defendant's actions.
On the same day the initial complaint was filed, Plaintiff submitted an Application to Proceed in District Court without Prepaying Fees or Costs.
On May 17, 2023, the Court issued an Order Reassigning the Case to a judge handling other cases of similar nature to advance the interests of judicial economy.
On June 13, 2023, the Court dismissed the complaint. The Court reviewed the complaint filed sua sponte and concluded that tribal law and policy matters were to be determined by the tribe in the first instance. Additionally, the Court stated that Plaintiff's lawsuit must be dismissed due to tribal sovereign immunity and standing. Plaintiff's claim was against the Oglala Sioux Tribe Election Commission, a subdivision of the Oglala Sioux Tribe’s government, and thus Defendant was immune from suit. The Court finally concluded that Plaintiff lacked standing because she did not supply any information about any specific injury to her while voting or in the context of an election.
On the same date, the Court entered a judgment dismissing the action without prejudice.
This case is now closed.
Summary Authors
Leilani Argersinger (1/8/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66609245/parties/wilson-v-oglala-sioux-tribe-election-commission/
Piersol, Lawrence L. (South Dakota)
Wilson, Melaine (South Dakota)
See docket on RECAP: https://www.courtlistener.com/docket/66609245/wilson-v-oglala-sioux-tribe-election-commission/
Last updated Oct. 8, 2025, 11:04 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Dec. 2, 2022
Closing Date: June 13, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
an enrolled Oglala Sioux member.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Oglala Sioux Tribe Election Commission (Pine Ridge), Tribe
Defendant Type(s):
Case Details
Other Dockets:
District of South Dakota 5:22-cv-05095
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: