DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173176P.pdf 02/22/2019 Rudy Stanko v. Oglala Sioux Tribe
U.S. Court of Appeals Case No: 17-3176
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit
Judges]
Civil case - Civil rights. In action alleging the Tribe and its tribal
officers arrested plaintiff and detained him on an illegally issued
warrant, assaulted and battered him and placed him in an isolation cell,
and stole money from him, the claims against the Tribe and the individual
defendants acting in their official capacity were properly dismissed based
on the Tribe's sovereign immunity; plaintiff's individual capacity claims
were properly dismissed without prejudice for failure to exhaust an
available tribal court remedy. Judge Gruender, concurring in part and
concurring in the judgment.