Case: Native American Council of Tribes v. Solem

4:81-cv-04088 | U.S. District Court for the District of South Dakota

Filed Date: June 1, 1981

Closed Date: 1983

Clearinghouse coding complete

Case Summary

On June 1, 1981, Native American inmates (members of the class defined in Crowe v. Erickson, No. 72-4101, # PC-SD-0002) filed suit pro se in the U.S. District Court for the District of South Dakota against prison wardens. The plaintiff class sought enforcement of the settlement agreement entered in the Crowe case on May 4, 1977. The same day, the District Court (Judge Fred J. Nichol) denied the plaintiffs an injunction and dismissed the action saying that the complaint did not allege a consti…

On June 1, 1981, Native American inmates (members of the class defined in Crowe v. Erickson, No. 72-4101, # PC-SD-0002) filed suit pro se in the U.S. District Court for the District of South Dakota against prison wardens. The plaintiff class sought enforcement of the settlement agreement entered in the Crowe case on May 4, 1977. The same day, the District Court (Judge Fred J. Nichol) denied the plaintiffs an injunction and dismissed the action saying that the complaint did not allege a constitutional violation, and therefore the federal court did not have jurisdiction.

The inmates appealed. The Eighth Circuit Court of Appeals (Judge John R. Gibson) reversed and remanded on October 19, 1982, holding that dismissal was improper as the plaintiffs had alleged a violation of the equal protection clause and the First Amendment through religious discrimination and a violation of the inmates' rights of worship and assembly. Native American Council of Tribes v. Solem, 691 F.2d 382 (8th Cir. 1982).

According to the docket, an order for dismissal without prejudice was filed on August 12, 1983 followed by a stipulation and agreement on August 17, 1983. The docket ends with the stipulation and agreement on August 17, 1983.

Summary Authors

Rebekah Henn Sullivan (7/26/2005)

Related Cases

Crowe v. Erickson, District of South Dakota (1972)

People


Judge(s)

Gibson, John R. (Missouri)

Nichol, Fred Joseph (South Dakota)

Attorneys(s) for Plaintiff

Burd, Lee Rae (South Dakota)

Manning, Nancy (South Dakota)

Attorneys(s) for Defendant

Kludt, Douglas E. (South Dakota)

Meiehenry, Mark V. (South Dakota)

Judge(s)

Gibson, John R. (Missouri)

Nichol, Fred Joseph (South Dakota)

Attorneys(s) for Plaintiff

Burd, Lee Rae (South Dakota)

Manning, Nancy (South Dakota)

Attorneys(s) for Defendant

Kludt, Douglas E. (South Dakota)

Meiehenry, Mark V. (South Dakota)

Documents in the Clearinghouse

Document
1

Docket

Aug. 17, 1983 Docket

Docket (PACER)

June 27, 2002 Docket
27

Order denying restraining order

June 1, 1981 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

691 F.2d 382

Oct. 19, 1982 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
4

81 4088 0 0 81 3 550 1 X M 46099 E

Council of Herman Solem, Warden, et al. DOCKET

al. PROCEEDINGS Notice of Entry and copy of Order mailed Native American of Tribes, Dale Louis Clark, Tony Shunk, Garret Wounded

28

Solem, William Janklow and Mark Meierhenry AFFIDAVIT in Support of Motion to Appeal in Forma Pauperis, Plaintif~Garrett Wounded Head, Dale Louis Clark and Filed

June 23, 1981
29

NOTICE of Appeal in Forma Pauperis Filed

June 23, 1981

Notice of Entry and copy of Notice of Appeal mailed Herman and Mark Meierhenry

June 24, 1981

Mailing Record on Appeal to Robert D. st. Vrain, Clerk, of APpeals, st. Louis, Missouri 63101

June 24, 1981
30

LETTER of Transmittal Filed

June 24, 1981
31

Order of U. S. Court of Appeals requesting that original forwarded filed

Original fi1emailedtoU.S.CourtofAppeals, St.

32

DESIGNATION of Record of Plff. Dale·. Louis Clark Filed

33

DESIGNATION of Record of Plff. Tony Shunk Filed

June 30, 1981

nan

DESIGNATION of Record of Plff. Garrett Wounded Head Filed MOTION by Defendants to Supplement Designated Record on Filed

Fur. copy of Motion to the Hon. Fred J. Nichol, Judge

Feb. 16, 1982

Mailing 3 c. copies of Motion to Robert D. st. Vrain, Court of Appeals, st. Louis, Missouri

Feb. 16, 1982
36

ORDER from Court of Appeals appointing Lee Rae Burd to appellants and setting this appeal for oral argument at May session in St. Paul, MN.

Feb. 19, 1982
37

RECEIPT allowing Lee Burd to check out Court file for filed.

Feb. 22, 2008
38

ORDER granting Defendant's Motion to Supplement the Record on Appeal filed.

March 1, 1982

Correct copy of Order entered in 1982 Southern Division Page 75

March 1, 1982

Notice of Entry and copy of Order mailed Lee Burd and

39

Letter of transmittal of supplemental designated items

of Appeals filed. File returned by Lee Burd this date.

March 3, 1982
40

Copy of LETTER to Robert St. Vrain, Clerk, U.S. Court of forwarding designated record as set forth in letter

March 23, 1982
41

LETTER from Appellees Concurring with Appellant's

March 24, 1982
42

:TRANSMITTAL Letter to Court of Appeals Filed

March 24, 1982
43

MOTION by Plaintiffs to Supplement Designated Record on

April 26, 1982
44

ORDER Supplementing Designated Record on Appeal Filed

April 26, 1982

Notice of Entry and copy of Order mailed Lee R. Burd and Kludt

April 26, 1982
45

TRANSMITTAL Letter to Court of Appeals Filed

April 28, 1982

Copy of OPINION from U. S. Court of Appeals filed.

OPINION of U.S. Court of Appeals Filed

PROCEEDINGS

Notice of Filing and copy of Mandate mailed Lee Burd and E. Kludt

Delivering copy of Mandate to the Office of the Hon. Fred J. Judge

49

ANSWER of Defendant filed

April 6, 1983

Enter hearing on mandate of U. S. Court of Appeals reversing in part the this Court before the Han. Fred J. Nichol, Senior District Judge,

May 9, 1983
50

ORDER Substituting Counsel--Nancy Manning for Lee Burd--and Continuing August 16, 1983 Filed

June 3, 1983

Correct copy entered in 1983 S.D. Order Book, Page 274

June 3, 1983
51

RESOLUTION by Plaintiffs Re: Releasing Attorney Lee R. Burd Filed

52

MOTION by Appellants/plaintiffs fci.r Extension of Time Extending 6-7-83 Date with Unsigned Order Filed

Notice of Entry and copy of Order mailed Lee R. Burd and Douglas Kludt Nancy Manning

June 3, 1983

nan

Aug. 12, 1983
53

MOTION by Plaintiff and ORDER for Dismissal Without Prp.judice filed. Notice of entry and copy of Order mailed Lee R. Burd, Nancy Manning and

Aug. 12, 1983
54

Kludt STIPULATION and AGREEMENT filed.

Aug. 17, 1983

State / Territory: South Dakota

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 1, 1981

Closing Date: 1983

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Native American inmates who were members of the class defined in Crowe v. Erickson (PC-SD-0002)

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Dakota State Penitentiary (Sioux Falls), State

South Dakota State Penitentiary (Sioux Falls), State

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 1981 - 1982

Issues

General:

Religious programs / policies