Runs After v. United States

766 F.2d 347, 1985 U.S. App. LEXIS 20084
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 27, 1985
DocketNos. 84-2123, 85-1029
StatusPublished
Cited by80 cases

This text of 766 F.2d 347 (Runs After v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Runs After v. United States, 766 F.2d 347, 1985 U.S. App. LEXIS 20084 (8th Cir. 1985).

Opinion

McMILLIAN, Circuit Judge.

These appeals involve the same underlying factual and legal dispute. At issue is the validity of two tribal resolutions. Appeal No. 84-2123 is an appeal from the district court order denying appellants’ motion for preliminary injunctive relief. While the appeal from the denial of preliminary injunctive relief was pending, the district court1 dismissed the underlying action and a second appeal, No. 85-1029, was filed. We have consolidated the cases for purposes of appeal. For the reasons discussed below, we affirm the district court order dismissing the action and accordingly dismiss as moot the appeal from the denial of preliminary injunctive relief.

The dispute underlying these appeals historically dates from 1972 when the Cheyenne River Sioux Reservation was reapportioned from fifteen into six election districts for purposes of the election of Tribal Council representatives. See Brown v. United States (Cheyenne River Sioux Tribal Council), 486 F.2d 658 (8th Cir. 1973). In June 1981 a resolution was presented to the Tribal Council to reapportion the reservation into thirteen election districts. That resolution was not adopted by the Tribal Council. Later a petition to reapportion the reservation into thirteen election districts was circulated and signed by the required number of eligible voters. A majority of the voters approved reapportionment in a referendum election held in December 1981. However, the Tribal Council refused to acknowledge or implement the results of the referendum election. In May 1982 an action was filed in tribal court to enforce the reapportionment of the reservation. In June 1982 the tribal court upheld the reapportionment and ordered all future tribal elections to be held in thirteen reapportioned election districts.

The next day, however, the Tribal Council terminated the tribal court judge, allegedly because of the decision enforcing the reapportionment, rescinded the tribal court order directing elections to be held in thirteen election districts, and appointed a new tribal court judge. In July 1982 the new tribal court judge held that the resolution was invalid because the referendum election was invalid. In August 1982 a Tribal Council primary election was held using six election districts. Also in August 1982 one [349]*349of the appellants, then Tribal Council member Joan LeBeau, wrote to the Bureau of Indian Affairs (BIA) to request a BIA investigation of the legality of the August 1982 primary election because it had not been conducted in thirteen reapportioned election districts. It appears that no action was taken by the BIA and in September 1982 the general election was held using six election districts.

In February 1983 a complaint was filed in federal district court by three named individuals, including appellant Joan Le-Beau, and an organization of Cheyenne River Sioux tribal members called the “Committee to Save Our Constitution.” Named as defendants in that action were the United States, the Department of the Interior, the BIA, and several individual government officials. The complaint alleged that the defendants erred in recognizing the Tribal Council elected in 1982 because the election had been improperly conducted in six election districts and also sought judicial review of the BIA’s final decision to refuse to intervene in the 1982 tribal election dispute. In April 1983 the BIA recognized the Tribal Council elected in the 1982 election. The district court granted summary judgment in favor of the defendants, holding as a matter of law that the BIA’s final decision recognizing the Tribal Council elected in 1982 from six election districts was correct because it followed the July 1982 decision of the tribal court. Committee to Save Our Constitution v. United States, No. CIV-83-3011, slip op. at 4 (D.S.D. Feb. 27, 1984). The district court judgment was not appealed.

In 1984 several of the named appellants in the present appeals were dissatisfied with the manner in which the Tribal Council had been conducting tribal affairs and decided to seek election to the Tribal Council. Five of the named appellants, Joan LeBeau, Gib LeBeau, Bertha Chasing Hawk, Grady Claymore, and Walter Woods, filed nominating petitions and were certified as eligible candidates by their respective district council election boards. These five appellants ran in the June 1984 primary election; four (Joan LeBeau, Gib LeBeau, Bertha Chasing Hawk, and Grady Claymore) received sufficient votes to run in the September 1984 general election and were so notified by the Tribal Election Board. Appellant Walter Woods barely lost in the primary election.

However, on July 12, 1984, the Tribal Council passed the two resolutions at issue in these appeals. In Resolution No. 190-84-CR the Tribal Council “forever barred” appellants Gib LeBeau, Joan LeBeau and Walter Woods from holding appointed or elected tribal office because of alleged “past misconduct in office.” A second resolution, passed without identifying numbers, disqualified appellants Bertha Chasing Hawk and Grady Claymore from running in the September 1984 general election because of alleged non-residency in the district each sought to represent. As a result of these resolutions, four appellants were precluded from running in the September 1984 general election, and appellant Walter Woods, who would have been eligible to run in the general election following their disqualifications, was also precluded from running in the September 1984 general election.

In late August 1984 appellants Clarence Runs After, Edith Traversie, Dean Gar-reaux, Genevieve Swift Bird, Andrea Robi-deaux, Leslie Ducheneaux, Bertha Chasing Hawk, Gilbert LeBeau, Joan LeBeau, Walter Woods, and Grady Claymore, on behalf of themselves and other similarly situated Cheyenne River Sioux Reservation voters, filed this action in federal district court challenging the validity of the July 12 Tribal Council resolutions and seeking declaratory and preliminary injunctive relief, damages, and attorney’s fees. Appellants sought to enjoin the general election scheduled to be held on September 4,1984; if the general election proceeded, to enjoin BIA recognition of and BIA distribution of federal and tribal funds to the 1984 Tribal Council; and to compel the holding of a valid general election in which the names of appellants Gib LeBeau, Joan LeBeau, Bertha Chasing Hawk, and Grady Claymore would be included on the ballot. The [350]*350complaint named as defendants the eight Tribal Council members who had voted in favor of the July 12 Tribal Council resolutions, the United States, the Assistant Secretary of the Department of the Interior for Indian Affairs (Ken Smith), the Area Director of the Aberdeen Area Office of the BIA (Jerry Jaeger), and the Superintendent of the Cheyenne River Sioux Agency (Don Whitener).

The complaint alleged federal question jurisdiction under 28 U.S.C. §§ 1331, 1343, the Administrative Procedure Act, 5 U.S.C. § 701 et seq. (APA), and the 1871 Civil Rights Act, 42 U.S.C. §§ 1985, 1986. Appellants alleged that the tribal defendants violated 42 U.S.C. § 1985

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Bluebook (online)
766 F.2d 347, 1985 U.S. App. LEXIS 20084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/runs-after-v-united-states-ca8-1985.