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Docketed Brief

Docketed Brief

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Published by Rob Port

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Published by: Rob Port on Jul 31, 2012
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07/31/2012

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UNITED STATES COURT OF APPEALFOR THE EIGHTH CIRCUITAPPEAL NO. 12-2292The Spirit Lake Sioux Tribe of Indians, by and through)its Committee of Understanding and Respect and Archie )Fool Bear, individually, and as Representative of the more)than 1004 Petitioners of the Standing Rock Sioux Tribe,)Plaintiffs-Appellants,)vs.)The National Collegiate Athletic Association,)Defendant-Appellee.)
APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NORTH DAKOTA,NORTHEASTERN DIVISION THE HONORABLE RALPH E. ERICKSON APPELLANTS, THE SPIRIT LAKE TRIBE OF INDIANS, BY ANDTHROUGH ITS COMMITTEE OF UNDERSTANDING AND RESPECT,AND ARCHIE FOOL BEAR, INDIVIDUALLY, AND ASREPRESENTATIVE OF THE MORE THAN 1004 PETITIONERS OF THESTANDING ROCK SIOUX TRIBE’S BRIEF
PRINGLE & HERIGSTAD, P.C. Reed A. Soderstrom (ND #04759)Attorneys for Appellants2525 Elk DriveP.O. Box 1000Minot, ND 58702(701) 852-0381rsoderstrom1611@gmail.com
Appellate Case: 12-2292 Page: 1 Date Filed: 07/23/2012 Entry ID: 3934575
 
SUMMARY OF THE CASE(FOR ORAL ARGUMENT)The Appellee, National Collegiate Athletic Association, (“NCAA”) adopted a policy that deemed Native American imagery hostile and abusive leading to litigationover the University of North Dakota’s (UND) use of the “Fighting Sioux” name. Asettlement agreement with the State, the North Dakota State Board of Higher Education and the University of North Dakota (“UND”) ultimately retired the name“Fighting Sioux” from use. Appellants brought suit against the NCAA for its failureto include the sovereign Sioux Tribes of North Dakota in any settlement discussionsregarding the Fighting Sioux name. Appellants claim the Sioux Tribes areindispensable parties to any settlement based upon a 1969 traditional and solemnSioux ceremony giving UND the right to use the name, “Fighting Sioux” and that theactions by the NCAA constitute tortious interference with a binding agreement between the Sioux and UND as well as a violation of their civil rights. The NCAAmoved to dismiss the action asserting the Tribe lacked standing, that there was norecognized claim at law and that any claim was time barred. The district court agreedand dismissed the action.This appeal presents vital issues to the recognition of traditional Indianceremonies and sovereignty. Appellants request 20 minutes of oral argument.i
Appellate Case: 12-2292 Page: 2 Date Filed: 07/23/2012 Entry ID: 3934575
 
CORPORATE DISCLOSURE STATEMENTAppellants, The Spirit Lake Sioux Tribe of Indians, by and through itsCommittee of Understanding and Respect, and Archie Fool Bear, individually, andas Representative of the more than 1004 Petitioners of the Standing Rock SiouxTribe, are a federally recognized Indian Tribe and not a private corporation and/or are members of a federally recognized Indian.ii
Appellate Case: 12-2292 Page: 3 Date Filed: 07/23/2012 Entry ID: 3934575

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