171135P.pdf   09/14/2018  Oglala Sioux Tribe  v.  Mark Vargo
   U.S. Court of Appeals Case No:  17-1135
                          and No:  17-1136
                          and No:  17-1137
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy, 
   Circuit Judge] 
   Civil case - Civil rights. This opinion is filed by Chief Judge Smith and 
   Judge Colloton under 8th Cir. R. 47E. The tribes and two tribal members 
   brought this Section 1983 action against South Dakota officials alleging 
   procedures used in proceedings brought by the State to remove children 
   temporarily from their homes in exigent circumstances violated plaintiffs' 
   rights under the Due Process Clause of the Fourteenth Amendment and the 
   Indian Child Welfare Act because the procedures deprived Indian parents of 
   a meaningful hearing after their children were taken into temporary state 
   custody; held: the district court should have abstained from exercising 
   jurisdiction under principles of federal-state comity articulated in 
   Younger v. Harris; the district court's orders granting plaintiffs partial 
   summary judgment and declaratory and injunctive relief are vacated, and 
   the matter is remanded with directions to dismiss the claims.