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MOUSSEAUX v. U.S.

No. 92-3674.

28 F.3d 786 (1994)

Rolland Richard MOUSSEAUX, also known as Rolland Richard Driver, Appellant, v. UNITED STATES of America; Commissioner of Indian Affairs; Secretary of Department of Interior; Cora Jones, Superintendent of Rosebud Agency, Bureau of Indian Affairs; Woodrow Starr, Criminal Investigator, Bureau of Indian Affairs, Rosebud Agency; Ronald Wilke, Captain, Bureau of Indian Affairs Police, Rosebud Agency; Janelle Reynolds, Tribal Judge; Sherman Marshall, Tribal Judge; Bob Brown, Tribal Court Attorney; Virgil Hauf, Tribal Court Attorney; Brenda Sitting Bear, Jailer; Rosebud Sioux Tribe; Dennis Holmes, Assistant United States Attorney; Steve Guerue, Bureau of Indian Affairs Police, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Wayne F. Gilbert, Rapid City, SD, argued, for appellant.

Terry L. Pechota, Rapid City, SD, argued, for appellee.

Before FAGG and WOLLMAN, Circuit Judges, and WRIGHT, District Judge.

WOLLMAN, Circuit Judge.

Rolland Richard Mousseaux appeals from the district court's1 dismissal of his claims brought under 42 U.S.C. § 1985(3) against numerous defendants. We affirm in part and remand for dismissal of the complaint as against those defendants who have not been served.

Mousseaux, who alleges that he is not an enrolled member of the Rosebud Sioux Tribe, was arrested by Bureau of Indian Affairs police officers...

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