Quimbee logo
DMCA.com Protection Status

Bissonette v. Haig

776 F.2d 1384 (8th Cir. 1985), 800 F.2d 812 (8th Cir. 1986) (en banc), 485 U.S. 264 (1988)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Bissonette v. Haig

United States Court of Appeals for the Eighth Circuit

776 F.2d 1384 (8th Cir. 1985), 800 F.2d 812 (8th Cir. 1986) (en banc), 485 U.S. 264 (1988)

Facts

In February 1973, a group of armed Indians (plaintiffs) began the occupation of Pine Ridge Reservation in Wounded Knee, South Dakota. Various United States government agencies, including the Federal Bureau of Investigation (FBI), set up road blocks of all key entry and exit points of the reservation. After about 10 weeks, the Indians surrendered. The Indians subsequently brought suit, seeking damages against the government officials (defendants), claiming that the Indians were unreasonably seized, confined, and searched by ground and aerial surveillance by the United States Army and Air Force in violation of both the Fourth Amendment and the Posse Comitatus Act of 1878 (Act), 18 U.S.C. § 1385, which prohibits a sheriff from calling in the Army or Air Force to assist in preserving the peace or enforcing the law (also known as posse comitatus) in the absence of express permission to do so from either the Constitution or Congress. The defendants moved for dismissal for a failure to state a claim. The district court granted the motion, and the Indians then appealed.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership