Stephen Pevar

Victoria Wicks

South Dakota's "riot boosting" laws faced judicial scrutiny on Wednesday, June 12, in a Rapid City federal courtroom.

The riot boosting law that was passed in the 2019 legislative session works with old rioting laws to threaten protestors and their supporters with criminal and civil penalties.

Opponents say the laws violate free speech.

SDPB's Victoria Wicks was in the courtroom.

To hear long coverage of the riot boosting legislation, click on this link:

Victoria Wicks file photo

The Eighth Circuit Court of Appeals in St. Paul has dismissed a lawsuit alleging that South Dakota officials violated the Indian Child Welfare Act. Now the ACLU attorney who represented the plaintiffs says he plans to ask the Eighth Circuit to reconsider, even though the state officials have made the changes to custody hearings that the plaintiffs were seeking.

SDPB's Victoria Wicks has this report.

The Eighth Circuit Court of Appeals is now deliberating the federal lawsuit alleging unlawful handling of emergency hearings in Pennington County. Three appellate judges heard oral arguments in St. Paul on Tuesday, Feb. 13.

Two tribes, along with Native parents, filed suit almost five years ago against the Seventh Circuit Court, the Pennington County State's Attorney, and the state Department of Social Services. They say officials in these agencies violate the Indian Child Welfare Act, as well as due process protections under the Fourteenth Amendment.

Five years ago tribes and parents sued state and county officials in Pennington County for violating the Indian Child Welfare Act, or ICWA. On Tuesday, Feb. 13, the Eighth Circuit Court of Appeals heard arguments from those officials' lawyers, who say their clients should not have been sued because they didn't create the questioned policies. The officials are appealing a federal judge's decision that forced changes in the way emergency hearings are held in child custody cases. SDPB's Victoria Wicks has this report.

Victoria Wicks file photo

Last year a federal judge in Rapid City ruled that the rights of Indian parents have been systematically violated in Pennington County.

At issue are hearings held within 48 hours of the removal of children from their homes on allegations of abuse or neglect. At those hearings, judges determine whether the child returns home or stays in state custody pending further hearings.

Judge Jeffrey Viken found that officials violated parents' due process rights and the Indian Child Welfare Act, or ICWA. He ordered officials to change their practices to fix the problems.

courtesy photo

A federal judge has ordered Seventh Circuit and Pennington County officials to stop violating the Indian Child Welfare Act.

Judge Jeffrey Viken's order affects emergency hearings held within 48 hours of the removal of children from their parent or guardian's care.

The judge's order responds to a lawsuit filed in Rapid City in March 2013 and resolves seven of eight issues. SDPB's Victoria Wicks reports on this latest development.

Victoria Wicks

A lawsuit filed in March 2013 alleging violations of the Indian Child Welfare Act is coming to an end in federal court in Rapid City. Plaintiffs allege the Seventh Circuit Court, the Department of Social Services, and the Pennington County State's Attorney violate the act at hearings required to be held within 48 hours after children are removed from their homes.

Parties gathered on Wednesday, Aug. 17, to hammer out what remedies are needed. But woven into the discussion was the surety that defendants will appeal to the Eighth Circuit.

Photo by Victoria Wicks

A federal judge has set a hearing date to reach a resolution in a lawsuit alleging violations of the Indian Child Welfare Act, or ICWA. Judge Jeffrey Viken ruled more than a year ago that practices in Pennington County violate statutes and the U.S. Constitution. But he told parties at a status hearing on May 26 that recent transcripts show those practices have not changed. SDPB's Victoria Wicks has followed this case since it was filed more than three years ago.

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Photo by Laurel Hoskins

A lawsuit against Pennington County officials for violations of the Indian Child Welfare Act is moving toward resolution. A hearing in federal court at the end of May will give the state remedies for practices that violate ICWA. And last week, an issue over missing documents was resolved. SDPB's Victoria Wicks has followed this case since it was first filed in 2013.