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NYGAARD v. TAYLOR

3:19-CV-03016-RAL.

602 F.Supp.3d 1172 (2022)

Aarin NYGAARD, Terrance Stanley, Plaintiffs, v. Tricia TAYLOR, Ted Taylor Jr., Jessica Ducheneaux, Ed Ducheneaux, Cheyenne River Sioux Tribal Court, Brenda Claymore, in Her Official Capacity as Chief Judge, Cheyenne River Sioux Tribal Court of Appeals; The South Dakota Department of Social Services, Todd Waldo, in His Official Capacity as Social Worker; Jenny Farlee, in Her Offical Capacity as Social Worker; Cheyenne River Sioux Tribal Court of Appeals, Franklin Ducheneaux, Acting Chief Justice of Cheyenne River Sioux Tribal Court of Appeals in His Official Capacity, Defendants.

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

Signed May 11, 2022.

Attorney(s) appearing for the Case

Martin J. Jackley, Stacy R. Hegge, Gunderson, Palmer, Nelson & Ashmore, LLP, Pierre, SD, Sarah A. Aaberg, Pro Hac Vice, Tracy J. Lyson, Pro Hac Vice, O'Keeffe, O'Brien, Lyson & Foss, Ltd., Fargo, ND, for Plaintiffs.

Steven J. Gunn, Steven J. Gunn, Attorney at Law, St. Louis, MO, for Defendants Cheyenne River Sioux Tribal Court, Brenda Claymore, Cheyenne River Sioux Tribal Court of Appeals, Franklin Ducheneaux.

Robert B. Anderson, May, Adam, Gerdes & Thompson LLP, Pierre, SD, for Defendants The South Dakota Department of Social Services, Todd Waldo, Jenny Farlee.

OPINION AND ORDER GRANTING TRIBAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND THE STATE DEFENDANTS' MOTION TO DISMISS

The central issue in this case is whether the Parental Kidnapping Prevention Act (the PKPA), 28 U.S.C. § 1738A, applies to Indian tribes. There is a split of authority

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