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.

Rebekah Henn Sullivan - 07/26/2005


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