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

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Case Summary

On June 1, 1981, Native American inmates (members of the class defined in Crowe v. Erickson, No. 72-4101) 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 violati…

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.

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Summary Authors

Rebekah Henn Sullivan (7/26/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/20759770/parties/native-american-cnsl-v-solem/

Judge(s)

Gibson, John R. (Missouri)

Attorney for Plaintiff

Burd, Lee Rae (South Dakota)

Manning, Nancy (South Dakota)

Attorney for Defendant

Kludt, Douglas E. (South Dakota)

Meiehenry, Mark V. (South Dakota)

Judge(s)

Gibson, John R. (Missouri)

Nichol, Fred Joseph (South Dakota)

Attorney for Plaintiff

Burd, Lee Rae (South Dakota)

Manning, Nancy (South Dakota)

Attorney for Defendant

Kludt, Douglas E. (South Dakota)

Meiehenry, Mark V. (South Dakota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:81-cv-04088	Docket	Aug. 17, 1983	Aug. 17, 1983 Docket
4:81-cv-04088	Docket (PACER)	June 27, 2002	June 27, 2002 Docket
27 4:81-cv-04088	Order denying restraining order	June 1, 1981	June 1, 1981 Order/Opinion
81-01658	Reported Opinion U.S. Court of Appeals for the Eighth Circuit	Oct. 19, 1982	Oct. 19, 1982 Order/Opinion 691 F.2d 382

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/20759770/native-american-cnsl-v-solem/

Last updated April 4, 2025, 10:52 a.m.

ECF Number	Description	Date	Link Date / Link
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	June 23, 1981
29	NOTICE of Appeal in Forma Pauperis Filed	June 23, 1981	June 23, 1981
	Notice of Entry and copy of Notice of Appeal mailed Herman and Mark Meierhenry	June 24, 1981	June 24, 1981
	Mailing Record on Appeal to Robert D. st. Vrain, Clerk, of APpeals, st. Louis, Missouri 63101	June 24, 1981	June 24, 1981
30	LETTER of Transmittal Filed	June 24, 1981	June 24, 1981
33	DESIGNATION of Record of Plff. Tony Shunk Filed	June 30, 1981	June 30, 1981
	Fur. copy of Motion to the Hon. Fred J. Nichol, Judge	Feb. 16, 1982	Feb. 16, 1982
	Mailing 3 c. copies of Motion to Robert D. st. Vrain, Court of Appeals, st. Louis, Missouri	Feb. 16, 1982	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	Feb. 19, 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	March 23, 1982
41	LETTER from Appellees Concurring with Appellant's	March 24, 1982	March 24, 1982
42	:TRANSMITTAL Letter to Court of Appeals Filed	March 24, 1982	March 24, 1982
43	MOTION by Plaintiffs to Supplement Designated Record on	April 26, 1982	April 26, 1982
44	ORDER Supplementing Designated Record on Appeal Filed	April 26, 1982	April 26, 1982
	Notice of Entry and copy of Order mailed Lee R. Burd and Kludt	April 26, 1982	April 26, 1982
45	TRANSMITTAL Letter to Court of Appeals Filed	April 28, 1982	April 28, 1982
49	ANSWER of Defendant filed	April 6, 1983	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	May 9, 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	Aug. 12, 1983
54	Kludt STIPULATION and AGREEMENT filed.	Aug. 17, 1983	Aug. 17, 1983
38	Order Filed on 3/1/82 (SLL) (Entered: 06/12/2002)	April 24, 2002	April 24, 2002 PACER
50	Order Substituting Counsel and Continuing Trial Filed on 6/3/83 (SLL) (Entered: 06/12/2002)	April 24, 2002	April 24, 2002 PACER
	ALL FURTHER DOCKETING ON ICMS (SKM)	April 24, 2002	April 24, 2002 PACER
	Terminating case; Case closed on 8/17/83 (SKM)	April 24, 2002	April 24, 2002 PACER
1	DOCKET SHEET Case Filed on 6/1/81 (SKM) (Main Document 1 replaced on 7/29/2019) (VMM). (Entered: 04/24/2002)	April 24, 2002	April 24, 2002 Clearinghouse
27	ORDER Filed on 6/1/81 (SKM) (Entered: 06/27/2002)	June 27, 2002	June 27, 2002 PACER
37	RECEIPT allowing Lee Burd to check out Court file for filed.	Feb. 22, 2008	Feb. 22, 2008
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
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
	nan
	DESIGNATION of Record of Plff. Garrett Wounded Head Filed MOTION by Defendants to Supplement Designated Record on Filed
	Notice of Entry and copy of Order mailed Lee Burd and
39	Letter of transmittal of supplemental designated items
	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
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