Federal Court Issues ICWA Orders (Now With Teeth)

34 Federal District Court Judge Viken issued new orders on December 15th in the Oglala Sioux Tribe v. Fleming case (previously Oglala Sioux Tribe v. Van Hunnick).  The Court already found in favor of the Plaintiffs over a four years ago, but had not issued orders with any real teeth until now.  As such, the…

Federal ICWA Decision Overturned on Technicality

The Eighth Circuit Court of Appeals has overturned the decision of Federal District Court Judge Jeffrey Viken holding that the due process and ICWA rights of parents were being violated in abuse and neglect proceedings in Pennington County, South Dakota.  However, the appeals court decision was not based on an analysis of constitutional rights or…

$50,000 Stipulated Sanctions in Federal ICWA Case

Seventh Circuit Judge Jeff Davis, and presumably the South Dakota Attorney General’s office that now represents him, have stipulated to pay fifty thousand ($50,000!!!) in sanctions due to failing to produce requested discovery in the Oglala Sioux Tribe vs. Van Hunnik federal class action.  A pile of documents were unsealed earlier this month as a…