22 results for 'judge:"Lange"'.
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Education, Native Americans
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J. Lange dismisses a matter without prejudice in which a company alleged a property developer violated the Clean Water Act of 1972 through their construction and design of a surface water runoff plan. The company failed to state a claim upon which relief may be granted. In a hearing on the motion, argument largely centered on whether dismissal of the complaint should be with or without prejudice.
Court: USDC South Dakota, Judge: Lange, Filed On: February 6, 2024, Case #: 5:23cv5016, NOS: Torts to Land - Real Property, Categories: Water
J. Lange grants the South Dakota Supreme Court's several motions to dismiss a matter concerning the resolution of a land dispute of a family ranch. Having lost every prior case on the matter, one ranch partial owner alleged constitutional errors and fraud in the prior litigation. The South Dakota Supreme Court wrote that the owner filed the lawsuit for the purposes of preventing sale of the property, not because he believed his partnership interest remained enforceable. The history of litigation combined with the absence of merit of the claims justifies an award of attorney fees and the matters are dismissed.
Court: USDC South Dakota, Judge: Lange, Filed On: December 14, 2023, Case #: 4:23cv4118, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property
J. Lange grants officers' motion for summary judgment to determine that no constitutional violations occurred from a traffic stop culminated in the arrest of an individual. The individual alleged that officers used excessive force in the altercation in which police attempted to stop the individual for driving with a suspended license. The individual then led police on a low-speed chase, leading up to the arrest.
Court: USDC South Dakota, Judge: Lange, Filed On: October 11, 2023, Case #: 3:21cv3021, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Lange grants parents leave to file their second complaint against school employees and the Rapid City Area School District for claims that their child was abused, includeing leaving the child in soiled pull-ups, forcing the child to eat "unsafe" sensory foods, and disciplining through spanking and seclusion.
Court: USDC South Dakota, Judge: Lange, Filed On: August 18, 2023, Case #: 5:22cv5015, NOS: Education - Civil Rights, Categories: Education
J. Lange grants defendant individuals' and counterclaim individual plaintiffs' motion for summary judgment in a matter involving a dispute over a farmland lease agreement. However, the court stays any further proceedings until pending appeal from a decision by the South Dakota Supreme Court.
Court: USDC South Dakota, Judge: Lange, Filed On: July 7, 2023, Case #: 3:22cv3003, NOS: Other Contract - Contract, Categories: Property, Contract
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: Elections, First Amendment
J. Lange denies Brown County, South Dakota's motion to dismiss a matter in which an energy company sought relief against the enforcement of the County's temporary moratorium on pipeline permitting and construction. The county sought dismissal claiming a lack of subject matter jurisdiction, however the energy company has alleged a concrete injury in fact caused by the moratorium.
Court: USDC South Dakota, Judge: Lange, Filed On: June 1, 2023, Case #: 3:22cv3018, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Jurisdiction
J. Lange denied a motion by the United States for dismissal of the Oglala Sioux Tribe's amended complaint alleging a lack of reservation police protection for tribal members. The court grants an expedited preliminary injunction in part to the extent the the United States "may neither abandon altogether funding and support of the Tribe's law enforcement, nor act arbitrarily and capriciously, or otherwise in disregard of that duty." The court held that the United States should reevaluate the Tribe's requested funding including the service population data and provide technical assistance to refine the funding request.
Court: USDC South Dakota, Judge: Lange, Filed On: May 23, 2023, Case #: 5:22cv5066, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans