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) 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…

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 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

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)

Documents in the Clearinghouse
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

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 Date Description Link
28 June 23, 1981

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

PACER
29 June 23, 1981

NOTICE of Appeal in Forma Pauperis Filed

PACER
30 June 24, 1981

LETTER of Transmittal Filed

PACER
June 24, 1981

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

PACER
June 24, 1981

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

PACER
33 June 30, 1981

DESIGNATION of Record of Plff. Tony Shunk Filed

PACER
Feb. 16, 1982

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

PACER
Feb. 16, 1982

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

PACER
36 Feb. 19, 1982

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.

PACER
March 1, 1982

Correct copy of Order entered in 1982 Southern Division Page 75

PACER
March 3, 1982

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

PACER
40 March 23, 1982

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

PACER
41 March 24, 1982

LETTER from Appellees Concurring with Appellant's

PACER
42 March 24, 1982

:TRANSMITTAL Letter to Court of Appeals Filed

PACER
43 April 26, 1982

MOTION by Plaintiffs to Supplement Designated Record on

PACER
44 April 26, 1982

ORDER Supplementing Designated Record on Appeal Filed

PACER
April 26, 1982

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

PACER
45 April 28, 1982

TRANSMITTAL Letter to Court of Appeals Filed

PACER
49 April 6, 1983

ANSWER of Defendant filed

PACER
May 9, 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,

PACER
June 3, 1983

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

PACER
June 3, 1983

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

PACER
53 Aug. 12, 1983

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

PACER
Aug. 12, 1983

nan

PACER
54 Aug. 17, 1983

Kludt STIPULATION and AGREEMENT filed.

PACER
1 April 24, 2002

DOCKET SHEET Case Filed on 6/1/81 (SKM) (Main Document 1 replaced on 7/29/2019) (VMM). (Entered: 04/24/2002)

Clearinghouse
38 April 24, 2002

Order Filed on 3/1/82 (SLL) (Entered: 06/12/2002)

RECAP
50 April 24, 2002

Order Substituting Counsel and Continuing Trial Filed on 6/3/83 (SLL) (Entered: 06/12/2002)

RECAP
April 24, 2002

Terminating case; Case closed on 8/17/83 (SKM)

April 24, 2002

ALL FURTHER DOCKETING ON ICMS (SKM)

27 June 27, 2002

ORDER Filed on 6/1/81 (SKM) (Entered: 06/27/2002)

Clearinghouse
37 Feb. 22, 2008

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

PACER
4

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

PACER
31

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

PACER
32

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

PACER
39

Letter of transmittal of supplemental designated items

PACER
51

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

PACER
52

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

PACER

nan

PACER

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

PACER

Notice of Entry and copy of Order mailed Lee Burd and

PACER

Original fi1emailedtoU.S.CourtofAppeals, St.

PACER

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

PACER

OPINION of U.S. Court of Appeals Filed

PACER

PROCEEDINGS

PACER

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

PACER

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

PACER

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

PACER

Council of Herman Solem, Warden, et al. DOCKET

PACER

Case Details

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

State

South Dakota State Penitentiary

South Dakota State Penitentiary

Case Details

Causes of Action:

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

Other Dockets:

District of South Dakota 4:81-cv-04088

U.S. Court of Appeals for the Eighth Circuit 81-01658

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 1981 - 1982

Issues

General/Misc.:

Religious programs / policies

Recommended Citation