STATEMENT OF FACTS

24. Plaintiff Janis Schmidt is an artist, teacher, writer, and civil rights leader, founder of Lakota Wawokiya Civil Rights Organization, registered with the Secretary of State in South Dakota.  She had displayed her paintings widely, has won many awards, and has her art work in permanent collections such as the State of North Dakota, Capital;  Joslyn Museum of Art, Omaha, NE;  Mondak Historical Society, Sidney, MT;  Petro Louis Petroleum Corporation, Denver, CO; plus many other recognitions.   She has an undergraduate degree in English and Theater.   She is a graduate of the University of Colorado with a Masters Degree in Fine Art.  Upon graduating, Plaintiff took a teaching job on the Pine Ridge Indian Reservation at Little Wound School, 1991, where she met Louise Big Boy, who invited Schmidt to live on her land. She continued teaching part time for Oglala Lakota College, for 14 years

25. At all times relevant, the Defendants had the same objective, which was to get rid of Janis Schmidt, even if it meant using unlawful and unconstitutional methods in order to accomplish these goals:  (a)  remove her from her house sitting on grazing land and get her off the Reservation, (b)  prevent her from writing about justice system, tribal and federal corruption; investigation into the murder of Anna Mae Pictou Aquash (c)  prevent her from garnering evidence and affidavits; (d)  remove her web site, www.lakotaperspectives.com, and  (e)  prevent her from filing a lawsuit. Each Defendant had a reason to silence and get rid of Schmidt. For their purposes, it was necessary for defendant conspirators to cooperate and oblige each other. It was also necessary to use federal, tribal, state, and Church offices to carry out their illegal, unconstitutional agenda.

26. Sometime in summer of 2003, the first step in the conspiracy was taken by defendants In order to cover up the fraudulent leasing of land that didn't belong to them and to hide an illegal cattle operation, Big Boy, Whirlwind Horse, and Vocu sent a Complaint (false statement) to the BIA stating that Janis Schmidt was trespassing, and asked BIA Realty Officer, Frieda Brewer Marshall, to help them get rid of Schmidt. Frieda quickly obliged her friends and on October 20, 2003, wrote an official BIA eviction letter, (Exhibit E, Eviction Letter and Plaintiff Response) had BIA Supt. Larry Bodin sign it, and the letter was sent certified through the U.S. Mail to Janis Schmidt, informing her she was in Trespass and had 30 days to move. The land she was asked to move from was owned by Red Cloud Indian School. (Exhibit A, copy of deed and Abstract)

27. All Defendants were aware the Louise did not own any land on 3 Mile Creek, and that the 2 acres where Plaintiff built her house was church land owned by Red Cloud Indian School.

28. Whirlwind Horse and Vocu complained to States Attorney of Fall River County, Lance Russell, that there was a white woman trespassing on Indian land. They called Sheriff Daggot to remove Plaintiff, but since none of them could prove they owned the land, the Sheriff said he could not remove the Plaintiff.

29. By signing her signature to a Complaint which she sent to the BIA, Louise Big Boy ascribed that the real property at 3 Mile Creek belonged to her, and that Janis Schmidt was a white woman squatter who was trying to take over her land when in truth Louise was fraudulently leasing the land to both Cal Clifford and the Plaintiff, thus effecting a fraud, aided and abetted by Whirlwind Horse and Vocu, who were subleasing and running cattle illegally, which BIA Agent Bodin and his assistant Marshall ignored.

30. With the help of tribal judge Lisa Cook, Big Boy wrote a complaint for civil action against Schmidt in tribal court, dated November 24, 2003. It was filed on 11-14-03 and given a case number. (Exhibit B, Restraining Order Notice of Hearing and Louise Big Boy Eviction Complaint) The action was called Eviction Notice. Big Boy had complained to BIA to evict me, now she is asking the Tribal Court to evict me. She was evicting me from 158 acres of land she claimed she owes. (Exhibit D, Lease Agreement and Money Orders) She specifically denied owning the 2 acres, where my house is located, “less 2 acres,” the 2 acres owned by Red Cloud Indian School. Louise added this as a final statement, “That Defendant [meaning Schmidt] has made threats, and menacing conduct as stated in tribal code book, Section 21.1(c),” The notice of trespass sent to Plaintiff was properly in BIA jurisdiction, yet on 11-14-03, Louise brought it to tribal court as a civil action, and was demanding that the tribal court evict the Plaintiff. In her Notice of Hearing, Lisa Cook stated, “In the matter of ... Petition for Restraining Order.” Tribal court has jurisdiction over restraining orders, but not land evictions. Judge Cook called a hearing for restraining orders, not an eviction hearing in notice to Plaintiff, in a fraudulent attempt to entice Plaintiff to submit to tribal jurisdiction, voluntarily, in the matter of restraining orders. Then, the plan was to order me evicted at the restraining order hearing, and claim I had given consent. Neither BIA or OST Tribal Court mentioned my house. (Exhibit F, Pictures of Plaintiff's House)

31. On 3-24-04, I was served a summons, a notice of hearing concerning my restraining order, which I had requested. (Exhibit B, Summons for Restraining Order Hearing) It does not say eviction hearing, although, I was served Big Boy's civil action complaint, whereby she is attempting to evict me. And by C.F.R. Guidelines, the Trespass (which may lead to eviction) was in the jurisdiction of the BIA. I had notice for a restraining order hearing, but it appeared it was really going to be an eviction hearing. I sought clarification from Lisa Cook at tribal court in Kyle, but she refused to talk to me. I tried to get an answer out of the clerk, who wouldn't or couldn't say. These were 2 different issue with authority in 2 different jurisdictions. (Exhibit C, Statement Refusing Tribal Jurisdiction) I asked BIA Supt. Larrry Bodin, repeatedly, how I could be evicted from land owned by the Catholic church, and not Big Boy, considering he had sent the BIA eviction letter to me. He claimed to know nothing, and refused to do anything.

32. I wrote statement refusing to submit to OST Tribal jurisdiction if it was going to be a hearing about an eviction, rather than restraining orders. (Exhibit C, Copy of Statement)

33. BIA defendants Bodin and Marshall knew Big Boy did not own the land. No BIA investigation into land ownership was made. In the letter, Bodin and Marshall stated that Janis Schmidt was illegally trespassing on member Louise Big Boy’s land, that she was supposed to vacate within 30 days. They offered no proof that Louise owned the land. Bodin and Marshall did not spell out appeal rights to Plaintiff, nor did they hold a hearing. The BIA defendants did not offer Plaintiff reimbursement for her house, nor did they advise that Plaintiff could move the house. No BIA administrative hearing was held before Plaintiff's house was seized, a violation of Plaintiff's Fifth and Fourteenth Amendment right. 25 C.F.R.166.800 Guidelines on trespass were not followed, as is usually done for others living on the reservation. After receiving no satisfactory answers from Bodin or Marshall, Plaintiff appealed to Area BIA Director, Bob Ecoffey for a remedy, Plaintiff asked that C.F.R. Guidelines be followed. Ecoffey made no response to the Plaintiff, nor did he enforce C.F.R. Guidelines. (Exhibit E, BIA Eviction Letter and Plaintiff's Reply)

34. Father Klink, representing Red Cloud Indian School had been fully apprised by the tribal land office that the Catholic Church owned the 2 acres as deeded land. Klink was aware that Plaintiff had build her 2 story house on Church land. (Exhibit F, Pictures of House) Schmidt asked Father Klink to lease or sell the 2 acres, on many occasions. He said he would not sell or lease it. (Exhibit G, Church Letters) Instead of following C.F.R. Guidelines, Fr. Klink sold the 2 acres, including Plaintiff's house, on a quit claim deed, to Oglala Sioux Tribe, for one dollar ($1.00), knowing he was selling plaintiff's house, thus consummating a conversion and became part of the conspiracy to deprive Schmidt of her constitutional right to property. (Exhibit H, letter from Fr. Klink to BIA Supt. Bodin with eviction letter attached, sent by Bodin to OST Fifth Member officer, Gerald Big Crow dated May 6, 2004 )

35. Plaintiff, in January of 2004, began writing stories in defense of Arlo Looking Cloud, whom Bob Ecoffey, as BIA Director of Law Enforcement, has accused of killing Anna Mae Pictou Aquash. Didier Dupont, working closely with Bob Ecoffey, (Exhibit I, Proffer Agreement) wrote a letter to Plaintiff, ordering her to stop writing in the paper and on the web. (Exhibit J, Letter from Didier)

36. Joining the conspiracy to commit fraud by using OST executive office, Gerald Big Crow, representing Louise Big Boy as legal counsel and Oglala Sioux Tribe, manipulated the land transaction from Red Cloud Indian School through Fr. Klink to the Oglala Sioux Tribe, then gave the 2 acres to Louise Big Boy, so that Plaintiff could then be evicted, thus effecting a conversion. (Exhibit K, Bodin's Letter to Big Crow)

37. Plaintiff, a victim of a fraudulent conspiracy to silence her and deprive her of her house and means of income without due process, could not find any authority who would investigate or prevent the harm from befalling her because the authorities were involved in the conspiracy. (Exhibit I, Proffer Agreement)

38. BIA did not have record of Louise owning any land on 3 Mile Creek as of 3-23-04. On 3-23-04, ownership of 2 acres was still listed as the Catholic Church according to the Fall River County Courthouse. (Exhibit A, Deed and Abstract)

39. Tribal police served Plaintiff a summons to appear in court on May 7, 2004, for restraining order hearing only. An eviction request made by Louise Big Boy was included. Although it didn't say so, it appeared that a tribal matter was combined with an eviction, a BIA matter. Tribal judge Lisa Cook had combined the restraining orders, over which she had jurisdiction, with an eviction, which was a federal BIA administrative matter in which tribal court did not have jurisdiction. (Exhibit B, Summons for Restraining Order hearing)

40. A lot of movement starts taking place, as Defendants try to “get something” on the Plaintiff, so they can have her removed “legally,” including, but not limited to:

1. Didier starts coming down in blue pick up, goes all around flat cutting wood. Sometimes he comes down with Robert Montileax. He is looking to see if Plaintiff is cutting wood, because wood cutting without a permit or permission is grounds for removal.

2. Robert Montileaux drags a house trailer into my yard, March, 2004. The 2 acres still belongs to Red Cloud Indian School. Rightfully, he is trespassing. I contact Larry Bodin, BIA Supt., who makes no investigation and allows the trailer to remain. (Exhibit Q, Letter to Bodin)

3. Connie Whirlwind Horse has a lot of cars coming and going from her place. Three Mile Creek Road ends at the Whirlwind Horse turn off; it is not a through traffic road.

4. Dale Vocu removes the cows, and fixes the fence. A normal routine is to run in 200 head of cows, who break down the fences.

41. On 5-5-05 , Bodin wrote a letter to Gerald Big Crow, tribal attorney for Louise and advocate for Oglala Sioux Tribe, acknowledging that Father Peter Klink, representing the Catholic Church, aka Holy Rosary Mission, aka Red Cloud Indian School, had sold the 2 acres of Church (and Plaintiff's house) to Oglala Sioux Tribe. (Exhibit K, Bodin's Letter to Big Crow) Big Crow, with the help of Bodin and the Oglala Sioux Tribe, then assigned ownership of the 2 acres to Louise Big Boy, who was never an original heir to the 160 acres of land she claims she owns and cannot prove she owns any land. Plaintiff was never once given an opportunity for a hearing in this land and property transaction. Plaintiff's house was sold for $1.00 so the Catholic Church could wash its hands of the whole sordid affair. (Exhibit L, Quit Claim Deed)

42. On 5-5-04, I asked Barry Bachrach to talk to BIA Supt. Larry Bodin telephonically, to take my grievances to him because he is the only one with the authority to fix or remedy or help resolve. After all, he's the one who signed the eviction letter. Barry specifically asked Bodin about the status of the 2 acres, Bodin lied, claiming he didn’t know anything, when he had just written a letter to Gerald Big Crow, confirming the sale of the 2 acres. He claimed that Plaintiff's house was not located on the 2 acres of Church land, but could not provide any proof. He refused to provide proof that Louise owned the land. What Bodin told Barry was very little: (1) doesn't know where the Church land is located (2) doesn't know if Plaintiff will be evicted, (3) doesn't know how Plaintiff can secure her house, (4) doesn't know why a hearing on eviction is being held in Tribal court. Barry tried to get him to agree that Plaintiff could move her house to the location of the 2 acres of Church land. Bodin said he didn't know where the 2 acres of Church land were located, failure to follow C.F.R. Guidelines. (Exhibit I, C.F.R. Trespass laws) Bodin said nothing about having arranged with Gerald Big Crow to have Red Cloud Indian School sell the 2 acres to the Tribe so they could declare Louise Big Boy the owner of the 2 acres, which was right where my house is located.

43. On 5-6-04 , Bodin concluded a land sale with Fr. Klink. Gerald Big Crow was to transfer ownership of the 2 acres, including Plaintiff's house, from Red Cloud Indian School to Louise Big Boy, a land conversion, which constitutes fraud. At the time of the writing of the eviction letter, 10-20-03 , the 2 acres was owned by the Catholic Church, and not Louise Big Boy. (See Exhibit C and D and E). Therefore, the eviction, which had no legal basis, was fraudulent, as the eviction letter was fraudulent. Having originated the eviction process, the BIA through its officials Ecoffey, Bodin and Marshall, now washed its hands of the eviction process, and were now allowing Lisa Cook through the Oglala Sioux Tribal Court run the eviction through because she not only had sovereign immunity, she also had absolute judicial immunity. Federal defendants Ecoffey, Bodin and Marshall did not follow C.F.R. Trespass guidelines. (Exhibit I) Their illegal actions legal at the expense of violating their oaths to uphold the U.S. Constitution, committing fraud, disregarding CFR regulations, and violating Plaintiff's constitutional rights of due process, free speech and press, and more were now buried in tribal court where they couldn't be touched.

44. Bodin had written a letter to Gerald Big Crow stating that the transfer of ownership to Big Boy was finalized the end of April. (Exhibit K, Bodin's Letter to Big Crow) Supt Bodin used the office of the BIA to authenticate a land survey, conducted by BIA Realty Officer Frieda Brewer Marshall, on deeded land that contained no markings, just “the northwest corner.” (Exhibit S, BIA Survey Request, no Results) Klink was well aware of the land transaction, and had signed a Quit Claim Deed, selling the land in April 28 of 2004, witnessed by Fr. Patrick Burns, and notarized by their attorney, Jane Farrell, filed in Shannon County in Hot Springs .  (Exhibit L, Quit Claim Deed)

45. On 5-18-04 Plaintiff applied for a lease application to lease the 2 acres, but was told that her house and the 2 acres were now owned by Louise Big Boy. ( Exhibit M, Application for Lease) Louise now fraudulently “owned” the 2 acres and my house, because Gerald Big Crow arranged it through Oglala Sioux Tribe, Fr. Klink sold the land to the Tribe, and BIA Supt. Bodin, arranged the deals so that everyone would get what they wanted.

46. On May 9^th, 2004 Plaintiff's website www.lakotaperspectives.com with all the land issues, corrupt leasing, the Arlo stories, and plaintiff's art work for sale, is shut down through the efforts of Didier Dupont, a French national claiming to be Arlo Looking Cloud’s brother. On 5-25-04, Didier Dupont, who closed down web site, Lakota Perspectives, wrote to Robert Clifford of the Black Hills Peoples News, to ask that the paper not print any of Plaintiff's stories about Arlo. (Exhibit O, Didier’s letter to the Editor) Ever since February, Plaintiff continued to write an article a week about Arlo Looking Cloud and Ecoffey’s investigation into the murder of Anna Mae Pictou Aquash.

47. A restraining order hearing was scheduled for 5-7-04. Yet tribal judge Cook had combined a restraining order hearing, a tribal matter and within tribal jurisdiction, with an BIA land eviction hearing, a BIA matter and within BIA jurisdiction, in which non-member Schmidt had not consented to, and therefore she was not in Cook's jurisdiction. Properly speaking, the trespass which could lead to eviction, was in the jurisdiction of the BIA. Therefore, Lisa Cook lacked both personal and subject matter jurisdiction to have an eviction hearing. The only hearing she could have legally had would have been a restraining order hearing. No hearing was held on 5-7-04. ( Exhibit T, Notice of Continuence )

48. On May 11, 2004, Plaintiff wrote a letter to Superintendent Larry Bodin asking him to remove a trailer sitting in her yard and never received a response. (Exhibit Q, letter to Bodin about trailer) Plaintiff appealed to BIA Supt Larry Bodin to stop Robert Montileaux and Louise Big Boy from harassing her and to do something about the impending eviction. No response. ( Exhibit Q, Letter to Bodin) On or about May 27^th, Plaintiff wrote a letter to BIA Area Director Bob Ecoffey, outlining the problem, asking him to intervene. His duty was to see that BIA guidelines are adhered to, to investigate my request, to determine the ownership of the 2 acres, and notify Plaintiff before any drastic action was taken, and to give an opportunity to comply or a reasonable time limit to remove my property. None of which was done. BIA Area Director Ecoffey did not prevent the illegal eviction because he was part of the conspiracy to evict Plaintiff, because he wanted to silence her writing. ( Exhibit R, letter to BIA Area Director )

49. On 5-20-04, BIA Realty Officer Frieda Brewer Marshall, along with 2 teenage boys, was pretending to survey the 2 acres, without survey equipment or experience. Once land is transferred, sold, or exchanged, BIA has to record all transactions. Plaintiff apprehended Marshall to ask what she was doing. Ms. Marshall said she was surveying, although she had no survey equipment. Plaintiff asked her to prove that Louise owned the land. She said she didn't have to because Plaintiff was a nonmember, and had no rights. (Exhibit S, Survey Request, But no Results)

50. On 5-28-04, a little after 12:00pm, Plaintiff was taken by complete surprise, as Louise and Robert, along with cars and pick ups coming over the hill from the Whirlwind residence, and from Vocu’s descend upon Plaintiff, accompanied by the tribal police, attempting to remove Plaintiff by force, on the basis of the eviction letter, without a court order. People were swarming all around the house, in a frightening way that caused Plaintiff to feel great fear and alarm. OST Public Safety Officer Muffie Mousseau told Plaintiff they had come to evict her. Plaintiff called Barry Bachrach, who warned Mousseau that she was about to carry out an illegal eviction. Bachrach made them all leave at once or face some nasty litigation in Federal Court.

51. On 5-29-04 , Chief Oliver Red Cloud invited Plaintiff to stay with him Plaintiff stayed with Oliver to keep herself safe, but has to return to 3 Mile Creek to keep her things safe. It is very difficult for her to know where to be, or what to do, since BIA abdicated its authority over the situation. Plaintiff was trying to comply lawfully, but the law for eviction was not being upheld by the BIA, Ogalala Sioux Tribal Court, or the County of Fall River. Therefore, there wasn't anything Chief Red Cloud or the Plaintiff could do, not even move out of the house, because the Defendants were determined to get rid of her, and had already employed illegal and unconstitutional methods to do so.

52. On May 30, 2004 , two Public Safety Officers, brought proof that no hearing was held on May 7^th. The document was a continuance of a hearing scheduled for May 7th to May 14th at 1:00pm. No hearing was held on May 7, 2004, or on May 14^th. (Exhibit T, notice of continuance)

53. On 6-1-04, Plaintiff stopped at Bodin's office to ask him how can she can be evicted without a forcible entry and detainer (FED) hearing? “And what do I need to do to secure my house?” Bodin never answered any questions. He pretended like he didn't know. He failed to administer BIA administrative procedures, failed to spell out any procedures and or rights and remedies. He said that the land issue would have to be settled in Federal court, which is untrue, because the BIA is the ultimate federal authority on the reservation, and he has the ultimate authority to act in this situation. Instead, he said he was going to Aberdeen to talk to the Area BIA director, Bob Ecoffey. Together, the decision had been made to remove the Plaintiff by force, using tribal court. The last thing on their mind was to follow C.F.R. Procedures. Furthermore, Louise Big Boy and the Catholic Church (Red Cloud Indian School) can NOT just transfer their land or do much of anything with it without permission of the BIA. This opens up a possible breech of trust issue with the BIA. Without an administrative hearing, without allowing Plaintiff to remedy the trespass as outlined inC.F.R. Handbook, Federal Defendants BIA Officers Bodin and Ecoffey left the Oglala Sioux Tribe handle the situation. (Exhibit I, Proffer Agreement) This case was originally assigned to Karen Schreier.

54. Once Defendants had possession of the 2 acres, tribal judge Lisa Cook wrote a court Order, stating that the 2 acres belonged to Louise Big Boy, that the 2 story house Plaintiff built now belonged to Big Boy, thus effecting a larceny. (Exhibit U, Cook's First Court Order) Tribal prosecutor Ann Apple accused Plaintiff of assaulting Big Boy, which Apple took from Big Boy's false statement. (See Exhibit B) provided the reason needed to have Plaintiff arrested and removed immediately. Schmidt did not consent to tribal jurisdiction. (See Exhibit C) No hearing took place, (See Exhibit T) nor did the Defendant conspirators ever intend to afford Plaintiff a hearing.

55. On June 1, 2004,  without jurisdiction and in absence of law and without a hearing in a court of law, Tribal judge Lisa Cook issued an ex parte order with ex parte attachments, ordering the police to forcibly eject Schmidt from the reservation, and seized her house, banned her from the reservation, ordered her arrested, falsely accused her of assault, all without Due Process in violation of the Fourth, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendments, violation of Oath of Office, which is committing Fraud Upon the Court and Perjury. (Exhibit U, Cook's First Court Order)

56. On June 1st, 2004 , Plaintiff returned home to find someone was breaking and entering. She called the police from Karen Red Star's house. Plaintiff was not in her house, when OST tribal police arrested her. The police came. Instead of arresting the thieves,  the officer then read Miranda rights, arrested Plaintiff (at the house of Karen Red Star) without a Warrant or probable cause,  put her in the OST police car and drove a circuitous route to the Pine Ridge Jail and booked in, where she remained for an hour or so, against her will. Police did not say why she was arrested or what she was charged with. No warrant had issued, nor had any hearing transpired.

57. OST tribal police carried out Cook's void order without a warrant or court orders, followed Captain Milton Bianis orders to pry the locks off Plaintiff’s doors, broke and entered Plaintiff’s house, and allowed Defendants to steal Plaintiffs possessions and possess Plaintiff's house.

58. OST Public Safety arrested and incarcerated Plaintiff in the Pine Ridge Jail, a tribal jail without a Warrant or probable cause, in violation of state and tribal laws, violations of Fourth, Fifth, Sixth, and Fourteenth Amendments.

59. OST Public Safety and tribal police officers, upon void orders, without jurisdiction, fully dressed in police regalia and packing guns, did used their authority to arrest the Plaintiff without probable cause, with no warrant, without jurisdiction, did force Plaintiff into police car and take her somewhere against her will, transporting her in a circuitous route, changing directions different times, and being transported from one car to another, finally transporting her to the Pine Ridge Jail, a tribal facility, where Plaintiff was booked in and detained in a cell for several hours, against her will. OST Tribal Police, under direction from, OST Captain Milton Bianis, failed to apprehend defendants who were stealing Plaintiff's property, failed to protect Plaintiff and her property, and prevented Plaintiff from getting her belongings. OST Tribal Police refused to investigate or charge perpetrators of felony crime for assaulting Plaintiff with threats and force, and who stole Plaintiff’s legal documents.  The OST Tribal Police had no probable cause to arrest and jail Janis Schmidt; she had committed no crime.  OST Tribal Police have a duty to protect nonmembers and their property if they reside on the Pine Ridge Reservation.  Plaintiff was a 14 year resident, known to everyone as a teacher, artist, and gardener. Such behavior by an exhibited by the defendants shocks the conscience of an ordinary citizen.

60. The Sheriffs had no jurisdiction to arrest and jail Janis Schmidt; she had committed no crime and certainly no crime within the jurisdiction of Hot Springs or Shannon County, South Dakota, yet States Attorney Lance Russell ordered Plaintiff to be charged with State of South Dakota law, Failure to Vacate, a non-jailable misdemeanor, arrested, incarcerated, bond set according to S.D. laws. All defendants contributed, and willfully designed the arrest and incarceration of Plaintiff Schmidt.Lance Russell failed to investigate when Plaintiff told him about the conspiracy to commit fraud in March of 2004. He told Plaintiff that the State could do nothing because the Reservation is outside Fall River's jurisdiction. Then, under color of state law, Sheriff Daggot, under orders from Lance Russell, removed Plaintiff from the tribal Pine Ridge Jail, imposed by force an unlawful restraint upon her freedom of movement, to wit, by arresting without a warrant, against her will, and handcuffing Plaintiff, transporting her to Hot Springs County Jail, taken inside and told to sit on a metal chair, still handcuffed.  Plaintiff was finger printed and mug shots taken, thus, a record on Plaintiff was created, which for 2 years state defendants refused to turn over to Plaintiff. Plaintiff was booked into jail, charged with Failure to Vacate a non-jailable misdemeanor and was incarcerated in the Hot Springs County Jail for 2 and ½ days. Bail was set at $250, and Plaintiff was assigned a court appointed attorney, Ginsbaugh from the law firm of Ginsbaugh and Farrel from Hot Springs. (Exhibit V, Arrest, Bond, Assigned Attorney)

61. Plaintiff was not taken immediately before a magistrate, although one was available the next day.

62. Upon release, charges were dropped. Subsequently, Plaintiff did not get to appear in court or was not able to find out who had made the charges. Sheriff Terrall of Hot Springs County Jail refused to turn over her records. State Attorney Lance Russell refused to answer any questions as to who accused her and for what reason she was incarcerated or why she was jailed for a minor misdemeanor charge outside of his jurisdiction. Russell had created a false record which he had refused to expunge.

63. Ann Apple, tribal prosecutor, had made the charge without notifying Plaintiff of the charge, the circumstances, date, place, witnesses, nothing; nor was Plaintiff scheduled for a hearing to discover the nature of the charge. “and the Court further this date received documentation from Oglala Sioux Tribe by and through its prosecutor, Ann Apple, regarding Respondent’s refusal to vacate and her subsequent threat to public safety of tribal members and their property;” which was based on a false statement made by Louise Big Boy. (See Exhibit B)

64. While in the Fall River County Jail, Plaintiff was not allowed to speak to Barry Bachrach, an attorney, although he called repeatedly, in violation of 6^th Amendment right to speak with an attorney. Plaintiff was shut in a cement cell with an iron cot, a tiny opening in the door, not knowing what the charge was, why she was there, and who was charging her, jailed without a warrant or court order, without jurisdiction, thus violation of 8^th Amendment, cruel and unusual punishment. While unlawfully incarcerated, all her belongings were  stolen, on orders from a tribal judge who lacked jurisdiction, jailed by Lance Russell’s orders, orders carried out b y Sheriffs Daggot and Sheriff Jeff Terrall, based on a BIA eviction letter by Bodin, Marshall, and Ecoffey.

65. Plaintiff was never served a copy of Lisa Cook's court order, because Cook lacked jurisdiction to issue orders on a BIA trespass issue. Plaintiff used  the bank’s fax machine to get a copy of Lisa Cook’s court order from Barry Bachrach, who had called to discover the basis of Plaintiff's being jailed, who was not properly served the tribal court Order, because the Order never originated out of a hearing. Lisa Cook had erroneously assumed jurisdiction over a BIA trespass issue. Fraudulently using the restraining order as a reason for the order, Cook, issued a court order evicting Plaintiff from her house, without a hearing, without jurisdiction, and without any basis of law since the OST Code does not contain eviction laws. Cook based her Orders on BIA eviction letter, written by BIA Realty Officer, Frieda B. Marshall, signed by BIA Supt. Larry Bodin. (Exhibit U, Lisa Cook’s Court Order) No hearing was held on May 7^th, 2004, as Lisa Cook said in her Order, (See Exhibit T, Notice of Continuance)

66. No provision had been made in Cook's order, for how Plaintiff was to retrieve her belongings. The Defendant conspirators expected to run off the Plaintiff, and did not anticipate she would return. Plaintiff was treated like a criminal who had no rights to her house and belongings. Plaintiff called the Sheriff  Daggot who repeatedly made attempts to accompany her to her house so she could retrieve her belongings, but were prevented by Judge Cook, who wanted to meet with just the Sheriff on or about June 7th and 8^th. Cook refused Plaintiff entry to her house, and was treating it like it was Big Boy's house. Instead, Cook met with Sheriff Daggot and OSTPS Captain Miltain Bianis, and other Defendants, to formulate a plan. Together they wrote Cook's 2^nd Court Order. (Exhibit W, Cook's 2^nd Court Order)

67. On 6-9-04 Plaintiff, who has been without her diabetic medicine for 9 days, is allowed 15 minutes, to get some things. Cook makes it very clear that Plaintiff cannot be left alone, and cannot get her things, like in a normal eviction whereby the evictee is allowed so many days to move. Sheriff Daggot is very emphatic that Plaintiff should have only 15 minutes to get a few things. There is no opportunity to retrieve anything. The records. and receipts for the building materials that show Plaintiff owns the house were gone, along with most everything. When she is allowed to go into her house accompanied by the Sheriff, she discovers that Louise Big Boy, Robert, her son, Whirlwind Horse, and Vocu have tampered with my things, ransacked my house and have stolen many items. Robert Montileaux is now living in Plaintiff's house, using her appliances and furniture. Two months later, Robert moves out, and never lives there again, which demonstrates that this was a ploy to not only get rid of the Plaintiff, but seize all her things to punish her for reporting land corruption and illegal land leasing. (See Exhibit F, Pictures of House)

68. On or about 6-10-04 , Judge Cook called Barry Bachrach, which is a judicial breach of ethics.  She wanted him to tell me to cooperate with her and the police about what to do with my belongings.  Barry pointed out to Lisa that she had given my house and belongings to Louise Big Boy through a court order that was held without a hearing, where the party of property was not present.  As such, Barry said, it is a void judgment and carries no weight under the law.  Barry advised her that she needed have a hearing with both parties present, but that it was too late to do the right thing now.

69. Because Oglala Sioux Tribe and OST Tribal Court was part of the conspiracy to evict Janis Schmidt, because the Federal government through the BIA was responsible for the eviction of Janis Schmidt, there were no tribal remedies available to Plaintiff. Oglala Sioux Tribe issued a Grand Jury Subpoena to Plaintiff, 9-12-04. Plaintiff appeared as ordered by Ogalala Sioux Tribe. OST Grand Jury did not appear. Plaintiff availed herself to OST to a Grand Jury examination, thus exhausting all possible tribal remedies. (Exhibit X, Grand Jury Subpoena)

70. OST Tribal Police exhibited hostility and no cooperation in every way. Plaintiff returned to her house many times, only to find the gate locked, and no trespassing, OST Public Safety preventing me from getting her things. Captain Milton Bianis, the OST police officer I must deal with to try obtain my belongings (Exhibit W, Letter to Bianis) tells me it’s up to me to get my belongings, yet he keeps the gate locked with a no trespassing sign, thus preventing me from getting my belongings. (See Exhibit F, Photos)Capt. Milton Bianis said that on June 1st, the police accompanied Louise to my place, and the police pried off the padlocks off my doors. The police allowed Louise and Robert and countless others, to remove my things, because, according to Lisa Cook's Court Order, those things belonged to Louise. Capt.Bianis said he was under orders when they went in with Louise to pry the locks off my door and allow Louise access to all my things.

71. On 6-23-04 , the Tribal Judicial Committee suspended Lisa Cook. (Exhibit P, OST Council Minutes) On 6-25-04 , I talked with Robert Clifford at Black Hills People's News. He said Louise Big Boy, her sister Lovey, and Lisa Cook all stopped in to see him. He said Lisa Cook, while under suspension, was staying with Louise and Lovey (Big Boy) out in the Badlands . What Lisa Cook told him is that she would sure be glad when everything is over come the 1st, meaning the 30 day time line would be up. Louise will get all that I own, because I failed to remove my things.   This is the first I had heard that I supposedly had been given 30 days to retrieve my belongings.

72. On June 28^th and 29^th, with the help of Leroy Waters, Plaintiff gets some of what is left of her belongings, having duly notified Captain Bianis and Sheriff Daggot. Sheriff Daggot procured some kind of document from Judge Lisa Cook, which she claimed was a court order, yet there is no evidence from where, exactly, this order issued, especially since Judge Cook was suspended. Robert Montileaux and the tribal police attempt to prevent Plaintiff from getting her things.

73. Defendants hired members to beat up the Plaintiff, 7-7-2004 , and steal her original documents. I called Tribal Police; no one came while girls were there, and were there for over an hour. The girls were trying to provoke me into a fight by calling me dirty names, like “cunt, whole bitch. Get the hell out of here. We're going to beat you up. And stop writing about our Aunt Theda [Clark].” Shelley had a knife, and slashed up my clothes and shoes. Then she began to batter me. She slapped me so hard that she broke my glasses. Then her sister joined in, beating me. I did not dare strike back, because of what they had said about my writing, I knew it was a set up by the Defendants to “create” proof that I harmed a member. The tribal police did not arrive until after the girls left with all my documents for my lawsuit, and then Captain Harry Martinez refused to do anything.

74. I tried to report felony assault and battery to authorities, Sheriff, tribal police, FBI , U.S. Attorney, D.O.J., and Senators. Tribal police tell me to forget it or I will be excluded from the reservation. Defendants Sheriff and prosecutor Russell said it wasn't their jurisdiction. The FBI, Agent Dan Cooper, refused to investigate. No one would acknowledge that a felony crime had taken place. Authorities have incessantly violated my rights.

75. Tribal Judge Lisa Cook, in an attempt to prevent Schmidt from talking and writing about her ordeal, posted Schmidt’s court orders on the Canadian web site, Vive le Canada, and demanded that the editors remove Schmidt’s stories or she, Cook, would file defamation.  Editors of Vive staunchly refused. (Exhibit Z, Vive le Canada)

76. In December, 2004, Lisa Cook posts on Vive Le Canada about Arlo Looking Cloud and the murder of Anna Mae in response to Plaintiff's stories about Bob Ecoffey and the investigation into the murder of Anna Mae. (Exhibit AA, Vive le Canada), which connects Lisa Cook with Bob Ecoffey and his new bride, Kamook Nichols Banks Ecoffey, former “wife” of famed AIM activist Dennis Banks, and chief witness for the prosecution in the trial of Arlo Looking Cloud.

77. Plaintiff files a lawsuit in Federal Court in May, 2005.  Amend in Sept, 2005.  Judge Karen Schreier assigned to my case. (Exhibit I, Proffer Agreement)

78. July, 2005, Plaintiff founded Lakota Wawokiya Civil Rights Organization and registered it with the S.D. Sec. of State, which Oglala Sioux Tribe finds very irritating and threatening, on on 10-14-05, tribal president Cecelia Fire Thunder excluded me from the Pine Ridge Reservation, She based the Exclusion on prosecutor Ann Apple’s statement that I had threatened Louise Big Boy in March of 2004. The purpose was to prevent me from working on my lawsuit, and to prevent me from writing about the trial of Arlo Looking Cloud. I write and publish many stories about the routine shenanigans taking place in Court with the poor Lakotas, who do not understand the law, and do not understand their rights.

79. I was excluded without a hearing and without legal basis which further denied my constitutional right to be free seizure in my home, and pursue happiness by living among the people I care about. Approximately 11-8-05 , I am arrested without a warrant by Harold Brewer, and placed in Pine Ridge Jail. I remain in Pine Ridge Jail over 24 hours, in solitary confinement, based on a charge by prosecutor Ann Apple, that I had threatened Louise Big Boy a year and a half ago.

80. As a direct and proximate result of Defendants’ actions complained of herein, Plaintiff has suffered and will continue to suffer from deprivation of property that included both home and art studio, a large garden with an orchard, both physical and emotional harm, as well as unnecessary expense and inconvenience of having to live in someone else’s home, loss of income, loss of potential income, i.e., the place to paint and mat and frame paintings, loss of job, loss address and phone number, loss to the people as their civil rights leader, and a lingering sense of shock and apprehension when dealing with courts, police, and authorities.

81. As a result of the concerted unlawful and malicious conspiracy of Larry Bodin, Frieda Brewer Marshall, Bob Ecoffey, Gerald Big Crow, Lisa Cook, Ann Apple, Miltain Bianis, Father Klink, Lance Russell, James Daggot, Jeffery Terrall, Connie Whirlwind Horse, Dale Vocu, Louise Big Boy, Didier Dupont, and Robert Montileaux, through their offices of BIA, Oglala Sioux Tribal Court, OST Public Safety, County of Fall River, and Red Cloud Indian School, all the defendants acting in conspiracy in bad faith, Plaintiff Janis Schmidt was deprived of her rights to both due process and equal protection of the laws, and the due course of justice was impeded, in violation of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the Constitution of the United States, 42 U.S.C. sec. 1983 and 1985, and the Indian Civil Rights Act, in addition to violations of federal C.F.R. rules, the OST Code and Constitution, and pendant  South Dakota statutes, actionable under Bivens, 42 U.S.C. 1983, 1985 and ICRA. 25 U.S.C. 1302 states that "no Indian tribe in exercising powers of self-government shall" violate the rights of any citizen, including their own members, to deny the privileges, rights, and immunities guaranteed in the Constitution of the United States.

82. WHEREFORE, Plaintiff demands judgment for the conspiracy to commit fraud against all the Defendants jointly and severally, for actual, general, special, compensatory damages in the amount listed in DAMAGES, and further demands judgment against each of said Defendants, jointly and severally, for punitive damages in an amount to be determined by a jury to prevent this conscience shocking official misconduct from occurring again, plus costs of this action, including attorney's fees, and such other relief deemed to be just and equitable.