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PENN v. U.S.

Nos. 02-1731, 02-2267.

335 F.3d 786 (2003)

Margaret A. PENN, Plaintiff/Appellee, v. UNITED STATES of America; Department of Interior; Bureau of Indian Affairs; Bruce Babbitt, in his official capacity as the Secretary of Interior; Kevin Gover, in his capacity as Assistant Secretary for the Department of Interior charged with responsibility for the Bureau of Indian Affairs; Larry A. Bodin, individually and in his official capacity as Superintendent for the Standing Rock Sioux Agency; Richard Armstrong, individually and in his official capacity as Special Agent for the Bureau of Indian Affairs, Law Enforcement Services; John Vettleson, individually and in his official capacity as Captain of Police, Bureau of Indian Affairs; Defendants, Frank Landeis, Sheriff for Sioux County, in his official and individual capacities; Sioux County Sheriff's Department, Defendants/Appellants, Sioux County, ND; Sioux County Board of Commissioners; Larry Silbernagel, Chairman, in his official capacity; Debra Gullickson, Member, in her official capacity; David Volk, Member, in his official capacity, Defendants. Margaret A. Penn, Plaintiff/Appellee, v. United States of America; Department of Interior; Bureau of Indian Affairs; Bruce Babbitt, in his official capacity as the Secretary of Interior; Kevin Gover, in his capacity as Assistant Secretary for the Department of Interior charged with responsibility for the Bureau of Indian Affairs, Defendants, Larry A. Bodin, individually and in his official capacity as Superintendent for the Standing Rock Sioux Agency; Richard Armstrong, individually and in his official capacity as Special Agent for the Bureau of Indian Affairs, Law Enforcement Services; John Vettleson, individually and in his official capacity as Captain of Police, Bureau of Indian Affairs; Defendants/Appellants, Frank Landeis, Sheriff for Sioux County, in his official and individual capacities; Sioux County Sheriff's Department; Sioux County, ND; Sioux County Board of Commissioners; Larry Silbernagel, Chairman, in his official capacity; Debra Gullickson, Member, in her official capacity; David Volk, Member, in his official capacity, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2003.

Rehearing and Rehearing Denied: September 11, 2003.

Attorney(s) appearing for the Case

Charles S. Miller, Jr., argued, Bismark, ND, for appellants in Case No. 02-1731.

John S. Koppel, argued, Appellate Staff, Civil Division, Dept. of Justice, Washington, DC, for appellants in Case No. 02-2267.

Mr. Randy V. Thompson, argued, St. Paul, MN, for Appellee Penn in both cases.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 11, 2003.

WOLLMAN, Circuit Judge.

Larry Bodin, Richard Armstrong, John Vettleson, and Frank Landeis appeal the district court's denial of their motion for summary judgment on the basis of absolute and qualified immunity. In addition to Federal Tort Claims Act claims not at issue in this appeal, Margaret Penn claimed that these four individual defendants violated her constitutional right to due process by serving...

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