Motions to Reconsider Denied in Federal ICWA Case

The Federal Court has denied the motions to reconsider submitted by the Defendants in the Oglala Sioux Tribe v. Van Hunnik federal class action case.  The Court found most of the Defendants’ arguments to be either without any merit or duplicative of earlier arguments that were already rejected.  The Court’s Order is linked below:

The Parties will now submit arguments as to the exact nature of the remedy to be crafted by the Court.  An injunction will issue against the State’s Attorney’s Office and DSS.  There likely will not be an injunction against the state court judges, but there will also be a declaratory judgment that they should abide by.  As I noted in an earlier post, Pennington County courts have continued to unabashedly violate parents’ due process rights, even after the earlier Federal Court order, and will presumably continue to do so until the Federal Court issues its injunctive and declaratory orders.