TODAY: 8th Circuit Upholds D.S.D. (District of South Dakota) X 2

NORTHERN Division: Brendan LaBatte v. Karen Gangle: This lawsuit challenges the assertion of jurisdiction in the tribal court for the Sisseton Wahpeton Oyate Sioux Tribe, challenging the court's authority to entertain a DUI charge -- a charge which, although initially filed in tribal court, was subsequently dismissed without prejudice. The named Defendants were, "Karen Gangle, Prosecutor for the SWO, in their official capacity; Gary Gaikowski, Chief of Police for SWO, in their official capacity; Hon. Ruth Burns, Judge for the SWO Tribal Court, in their official capacity; Hon. Michael Swallow, Judge for the SWO Tribal Court, in their official capacity." The trial judge, Hon. Eric C. Schulte, dismissed for lack of federal subject matter jurisdiction. This 11 page opinion by the 8th Circuit, heavily laden with discussions of Indian Soverreignty, Federal Jurisdiction and Mootness, upholds the trial court's ruling, clarifying as follows: "[T]his case must be dismissed. We affirm the judgment of the district court, vacate the court’s decision, and therefore need not decide the jurisdiction, sovereign immunity, and tribal court exhaustion issues the parties have briefed and argued. See Madore, 128 F.4th at 942-43." WESTERN Division: Daniel Lipsky v. Nate Cronin: This is a pro se 1983 civil rights claim filed against, "Nate Cronin; Bill Wainman; Michael Close; City of Hot Springs, SD." The trial judge, Hon. Lawrence L. Piersol, dismissed the complaint, partially sustaining a Motion to Dismiss and dismissing the remaining claims by way of Summary Judgment. The 8th Circuit affirmed in a brief one-paragraph per curiam opinion. These opinions may be viewed by clicking on the links below: Current Opinions are for Friday, December 12, 2025 242798P.pdf 12/12/2025 Brendan LaBatte v. Karen Gangle U.S. Court of Appeals Case No: 24-2798 U.S. District Court for the District of South Dakota - Northern 251692U.pdf 12/12/2025 Daniel Lipsky v. Nate Cronin U.S. Court of Appeals Case No: 25-1692 U.S. District Court for the District of South Dakota - Western