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NATIVE AMERICAN COUNCIL OF TRIBES v. WEBER

No. CIV. 09-4182-KES.

897 F.Supp.2d 828 (2012)

NATIVE AMERICAN COUNCIL OF TRIBES, Blaine Brings Plenty, and Clayton Creek, Plaintiffs, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, and Dennis Kaemingk, Secretary of the Department of Corrections, Defendants.

United States District Court, D. South Dakota, Southern Division.

September 19, 2012.

Attorney(s) appearing for the Case

Pamela R. Bollweg, Ronald A. Parsons, Jr., Sara E. Show, Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, SD, for Plaintiffs.

James Ellis Moore, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, for Defendants.

AMENDED MEMORANDUM OPINION AND ORDER

KAREN E. SCHREIER, Chief Judge.

Plaintiffs, Native American Council of Tribes (NACT), Blaine Brings Plenty, and Clayton Creek, (collectively NACT or plaintiffs), brought suit against defendants, Douglas Weber and Dennis Kaemingk,1 alleging a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the American Indian Religious Freedom Act, the First and Fourteenth Amendments...

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