United States v. Red Feather

392 F. Supp. 916 (1975)

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United States v. Red Feather

United States District Court for the District of South Dakota
392 F. Supp. 916 (1975)

CR

Facts

Oglala Lakotas and members of the American Indian Movement (the movement) occupied the town of Wounded Knee, South Dakota. United States marshals, agents from the Federal Bureau of Investigation, the military, and other law-enforcement agencies (the federal agents) cordoned off the area. The federal agents’ involvement included using military equipment, observation and reporting to the U.S. president, and preparing plans in case military intervention was ordered. Gunfire was exchanged between the federal agents and members of the American Indian Movement, which resulted in a federal agent being paralyzed and the death of two members of the movement. The incident ultimately ended peacefully. Two occupiers (the occupiers) (defendants) were later charged with obstructing a law-enforcement officer. In their defense, the occupiers contended that the federal agents violated the Posse Comitatus Act by requesting that the military assist in their activities. The United States filed a motion in limine, seeking to prevent the occupiers from introducing evidence regarding the presence of federal troops in Wounded Knee.

Rule of Law

Issue

Holding and Reasoning (Bogue, J.)

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