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Date: 06-21-2001

Case Style: United States of America v. Santee Sioux Tribe of Nebraska

Case Number: 00-1399, 00-1542, 00-1764

Judge: Beam

Court: United States Court of Appeals for the Eighth Circuit

Plaintiff's Attorney: Assistant United States Attorney Paul D. Boeshart, Lincoln, Nebraska

Defendant's Attorney: David R. Stickman, Omaha, Nebraska

Description: Pursuant to this court's decision in United States v. Santee Sioux Tribe of Nebraska, 135 F.3d 558 (8th Cir. 1998) (Santee I),1 the district court issued an injunction against the Santee Sioux Tribe ("the Tribe"), ordering it to close a tribal casino operating class III gaming devices. After the Tribe failed to comply with the injunction, the court held it in contempt and began assessing a fine for every day it continued to operate the casino. On June 25, 1999, and November 12, 1999, the court reduced the fines to judgments totaling $1,182,000. The federal government (hereinafter "government") then initiated garnishment proceedings against tribal bank accounts pursuant to the Federal Debt Collection Procedures Act ("the Act"), 28 U.S.C. 3001-3308. The district court found that twenty-two of the tribal accounts were subject to garnishment. The government also unsuccessfully sought to have the court hold members of the Tribal Council in contempt. The Tribe appeals the district court's findings that fifteen of the accounts are subject to garnishment, and the government cross-appeals the court's finding that one of the accounts, the Cedar Hill account, is exempt. The government also appeals the court's refusal to hold individual members of the Tribal Council in contempt.

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Click the case caption above for the full text of the Court's opinion.

Outcome: For the foregoing reasons, the judgment of the district court is affirmed in case no. 00-1542 – the Tribe's appeal regarding the garnishment of accounts; reversed in case no. 00-1764 – the government's cross-appeal regarding the Cedar Hill account; and reversed in case no. 00-1399 – the government's appeal concerning the individual liability of Tribal Council members. These cases are remanded to the district court for further proceedings consistent with this opinion.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None

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