Flandreau Santee Sioux Tribe v. State of South Dakota; Governor Michael Rounds; Attorney General Larry Long (D.S.D. 2009)

Scott R. Swier

Case Conclusion Date:January 1, 2009

Practice Area:Litigation

Outcome:State's Motion for Judgment on the Pleadings Granted in Part and Denied in Part

Description:In this case, Scott represented the State of South Dakota, Governor Michael Rounds, Attorney General Larry Long, and the South Dakota Commission on Gaming. Absent “gaming” tribes were not necessary parties in Indian Tribe's Indian Gaming Regulatory Act (IGRA) claim alleging the State failed to negotiate in good faith with Indian Tribe regarding gaming on Indian Tribe's reservation. The potential relief under the IGRA, if the State negotiated in bad faith, was limited to directing the State and Indian Tribe to conclude a compact within sixty days, thus complete relief to the Indian Tribe concerning the compact was possible in the absence of other “gaming” tribes.