UNITED STATES DISTRICT

DISTRICT OF SOUTH DAKOTA

WESTERN DIVISION

JANIS SCHMIDT                                            )          CIV 06-5034

                                                                        )

   Plaintiff                                                          )

                                                                         )

vs.                                                                     )

                                                                          )

LARRY BODIN, BIA. Supt.                                )

FRIEDA BREWER MARSHALL, BIA Officer      )

ROBERT ECOFFEY, BIA AREA DIR.                 )       3^rd AMENDED

BUREAU OF INDIAN AFFAIRS                          )        COMPLAINT

OGLALA SIOUX TRIBE                                     )

GERALD BIG CROW                                          )

CONNIE WHIRLWIND HORSE                           )

DALE VOCU                                                        )

DIDIER DUPONT                                                )

LISA F. COOK                                                     )

ANN APPLE                                                        )

OST TRIBAL POLICE                                         )

CAPTAIN MILTAIN BIANIS                                )

RED CLOUD INDIAN SCHOOL                           )

(aka Holy Rosary Mission)                                      )

FATHER PETER KLINK                                       )

FALL RIVER                                                         )                                    

   Defendants                                                           )

PRELIMINARY STATEMENT

1. This is a Claim for damages and injunctive and declaratory relief and costs for the illegal and unconstitutional seizure of Plaintiff's property of buildings, large garden and orchard, and personal property. This case is an egregious instance of citizens conspiring with public and Federal officials who committed official misconduct and fraud to deprive Plaintiff of her property, her due process, her constitutional rights, her civil rights, her personality by not only removing her from her house, but to ban her from the reservation in an attempt to silence Plaintiff for exposing the graft, theft, and corruption that was taking place on the Pine Ridge Indian Reservation and other wrongs committed against Native Americans on that reservation and elsewhere.  Plaintiff has suffered not only extensive damages and emotional distress, but she has been harmed by Defendants successful conspiracy to deprive her of her real and personal property. This claim, brought as a Bivvens action, brought under the U.S. Constitution and under the Indian Civil Rights Act of 1968, which imposes restraints on Indian tribes when "exercising powers” of self-government, that would forbid the rights guaranteed in the U.S. Constitution such as a right to property and due process, civil rights enactment of 42 U.S.C. 1983 statutes, other federal statutes as they apply, and all pendant laws.

2.  My cases and causes involve the fundamental right to be heard, to be afforded a hearing before a drastic measure is taken, such as seizure of property, arrest, and/or incarceration.  At the forefront, is the malicious denial of the right to be heard, due process, the right to speak and write without fear of drastic reprisals, and the right to be heard in Court.   My cases and causes involve Indians, the Oglala Sioux, the people, the oyate, who are experiencing deep seated problems with their IRA government, who rule over them in a dictatorial fashion, in a way that is offensive to them. The court systems, both tribal and federal exist more as a means of control, rather than any dispensation of justice according to the U.S. Constitution.  Because I came up against the two issues of concern to the Lakota people, land fraud and judicial tyranny, and dared to speak up and speak out against the corrupt tribal government, I was arrested, evicted, banned, jailed, assaulted, and all my property was seized by tribal, BIA, and certain corrupt tribal members, who benefit from their fraudulent government, who use the tribal courts to punish anyone who would dare criticize by denying their civil liberties.

3.  This action is brought to seek fair compensation for the catastrophic financial injury, humiliation, mental suffering and anguish inflicted upon the Plaintiff as a result of the wrongful acts of the defendants.  This action is also filed to ensure that these defendants and others are deterred from engaging in such wrongful activity and unconstitutional activity again.

JURISDICTION

4. Jurisdiction is proper in this court pursuant to 28 U.S.C. Section 1331, 1337 because this matter involves allegations of illegal behavior arising under the laws of the United States. This court may exercise jurisdiction over Claimant's non-federal claim pursuant to 28 U.S.C. Section 1367, as this court possesses both federal subject matter and/or diversity jurisdiction. This suit is authorized by the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the Constitution of the United States and such other State and Federal laws as may be applicable; 425 U.S.C. 1302, the Indian Civil Rights Act; Article III, Sec. 2, which extends federal jurisdiction to cases arises under the U.S. Constitution; all pendant jurisdiction of state and tribal laws.

5. The Defendants are "persons" within the meaning of 18 U.S.C. Sections 1961 (3). As to Plaintiff Schmidt, the jurisdiction is proper in this court pursuant to 28 U.S.C. Section 1332. Claimant Schmidt is a "person" within the meaning of 18 U.S.C. Section 1961 (3). Plaintiff seek damages in excess of $75,000 for damages and injuries sustained by the Plaintiff which
were caused by the actions of the defendants.

VENUE

6. Venue is proper in this court pursuant to 28 U.S.C. Section 1391 (b) and (e) because defendants reside, are found, operate under color of authority or office, have an agent, or connected with or related to the aforesaid, or transact affairs in this district. Venue is also proper in this court pursuant 18 U.S.C. Section 1965 (b) because, to the extent any Defendant may reside outside this district, the ends of justice require such Defendant(s) to be brought before the court. Venue properly lies in this court pursuant to 28 U.S.C. Section 1391 (b) (2) or, alternatively, pursuant to 28 U.S.C. Section 1391 (a) (2) and (c). Further, certain of the conspiratorial acts alleged herein took place and continue to take place within this judicial district.

PARTIES

7.  JANIS SCHMIDT, plaintiff,  is a 15 year resident of Pine Ridge Reservation, and resided at the house she was building on 3 Mile Creek, near Kyle on the Pine Ridge Reservation. Plaintiff is an artist and writer.  She had a life long career as an artist with paintings having sold for as much as $2400. She had invested in 2 limited edition prints in for which First National Bark of Gordon loaned her $3000, anticipating that she would be able to resume her art career in the fall of 2004, when she would have her 2 story house enclosed, insulated and heated. She opened a web site, www.lakotaperspectives.com for the sale of her prints, and to give a voice to her Lakota friends. In addition to art, she planted over 100 fruit trees to supplement a self-sufficient life style  She was employed part time by Oglala Lakota College where she had taught Art and Humanities for the past 14 years, until defendants actions caused her to lose that job.  She was also living a self-sufficient life in order to survive on the Reservation and was building her own home, which defendants caused her to lose.  She is now residing in North Dakota, teaching art, culture through art and  reading to Indian students at Warwick Public School.

8.  LARRY BODIN, defendant, sued in individual and official capacity, who was at all relevant times, the BIA Superintendent of the Pine Ridge Indian Reservation, and, as such, an employee of the United States Government through the agency of the Bureau of Indian Affairs.  He resided in Pine Ridge in 2004.  Defendant Bodin is an individual who is also a citizen of the United States who acted with executive power as the Superintendent of the Pine Ridge Indian Reservation, under the Department of Interior through the Bureau of Indian Affairs. Defendant Bodin receives for his compensation for services payments from the United States Treasury.  Under color of authority and office he is also responsible for the Indian trust land, acting individually and in concert with the Oglala Sioux Tribe.  Also, under color of authority of office, he mediates land disputes according to the Code of Federal Regulations, and solemnly swears that he will faithfully execute the Federal Regulations and will do the best of his ability, to uphold the Constitution and statutes of the United States and the Constitution of the Oglala Sioux Tribe and Code of Law.  His position is the ultimate authority on the Reservations.  Larry Bodin,  acting in his ministerial and individual capacities, did conspire to interfere with and violate, and did interfere with and violate, plaintiff’s rights and privileges, and did deprive Plaintiff of her liberty and property without due process of law, in conflict with the laws and Constitution of the United States, the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe.   Said defendant was responsible for an illegal eviction letter, which was mailed certified through the U.S. Mail, stating that Plaintiff was in trespass on land not owned by the complainant, Louise Big Boy, or complaining ranchers.  The illegal eviction letter culminated in the wrongful and illegal eviction of Plaintiff, loss of property and way of life worth thousands of dollars, and wrongful arrest and incarceration.

9.  FRIEDA BREWER MARSHALL, defendant, sued individually and in her official capacity, BIA reality officer, resides in Pine Ridge, 2^nd in command to Superintendent,   employee of the United States Government and its agencies, including the Bureau of Indian Affairs and others, who, acting in her ministerial and individual capacities, did conspire to interfere with and violate, and did interfere with and violate, plaintiff’s rights and privileges, and did deprive Plaintiff of her liberty and property without due process of law, in conflict with the laws and Constitution of the United States, the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe,  using the office of the BIA to illegally evict and  deny Plaintiff due process, causing Plaintiff to lose her property, way of life and much more.  Ms. Brewer-Marshall coached the ranchers and Big Boy on how to use the BIA to evict the Plaintiff. Brewer-Marshall’s writing an ill-advised and unauthorized BIA eviction letter, coaching other defendants, using the powerful office of the BIA, set off an irrevocable chain of events which culminated in extensive and irreversible damages to the Plaintiff.

10.  ROBERT ECOFFEY, defendant, sued individually and in his official capacity, BIA Area Director in Aberdeen, SD,  employee of the United States Government and its agencies, including the Bureau of Indian Affairs, who, acting in his ministerial and individual capacities, did conspire to interfere with and violate, and did interfere with and violate, plaintiff’s rights and privileges, and did deprive Plaintiff of her liberty and property without due process of law, in conflict with the laws and Constitution of the United States, the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe,  using the office of the BIA to illegally evict and  deny Plaintiff due process, causing Plaintiff to lose her property, way of life and much more.  In his own words, from the trial transcript of Arlo Looking Cloud.  “ I first started my law enforcement career on the Pine  Ridge Indian Reservation in 1975 as a law enforcement trainee  working for the Tribe under the SETA program. I was assigned  to work with the Bureau of Indian Affairs police department  there in 1975. 1976 I started my official career with the  Bureau of Indian Affairs as a supervisory guard at the Pine  Ridge jail. From 1976 to 1977 I worked as a guard. From 1977  to 1981 the Oglala Sioux Tribe contracted the program there, I  switched over from the Bureau of Indian Affairs, went to work  for the Oglala Sioux Tribe where I served as the training  officer and captain of police. From 1981 to 1983 I was a  Special Agent with the Bureau of Indian Affairs on the Devil's  Lake Sioux reservation in Fort Totten, North Dakota. From  1984 to 1986 as a Special Agent again on the Pine Ridge  Reservation with the Bureau of Indian Affairs, stationed  there. Then from 1986 to I think 1989 I was a Special Agent  with the United States Forest Service on the Black Hills  National Forest and the Nebraska National Forest. Then in  1990 I got out of law enforcement for a couple of years, I  went back to work on the Pine Ridge Reservation at the Pine  Ridge agency as administrative manager for two years. Then in  1994 during President Clinton's first administration I had the  opportunity to be appointed as the first Indian United States  Marshal in the history of the Marshals service. I served in  that position for two years 1996 I left that position,  returned back to Pine Ridge, and served as agency  superintendent for five years on Pine Ridge until taking this  job as the, originally was the Director of the Office of Law  Enforcement Services until about two months ago the Bureau of  Indian Affairs went through a reorganization and changed the  title to Deputy Director.”   Ecoffey did not like Plaintiff’s writing about his fraudulent investigation into the death of AIM activist, Anna Mae Pictou Aquash, and therefore, he help mastermind the conspiracy against the Plaintiff in which Plaintff was evicted, banned, arrested, and jailed.

11.  BUREAU OF INDIAN AFFAIRS, defendant, a United States federal agency with total responsibility of Indian trust land, leases, land ownerships. The Bureau of Indian Affairs (BIA) is part of the U. S. Department of Interior, previously called the Department of Indian Affairs, one of this country’s oldest agency, originally designed to find legal ways of relieving Indians of their land.  The BIA is the primary federal Government agency that has a responsibility for Indians.  The head of BIA is an Assistant Secretary (for Indian Affairs), directly under the Secretary. Both are political appointees, replaced when a new president is elected.  Just below the Assistant Secretary is BIA's chief career employee, the Director of Operations.  This is a pyramid shaped hierarchy, military style, which insists on political loyalty. Additionally, the BIA implements federal policy and procedure regarding land, water, and mineral usage.  Boundaries and boundary disputes are regulated by and decided by the BIA.  Additionally, the BIA oversees, runs, controls, or has a final decision in education, law enforcement, anything concerning the Tribe.  BIA holds title to the reservation lands.  It maintains records of Indian land holdings (like county offices do elsewhere), recording transfers, land left by deceased Indians to their heirs, etc.  Since the land is held by the Federal Government as trustee, it is exempt from real estate taxes.  A major part of the Bureau's assignment is delivering social services.  The Bureau started out in 1849, taking over functions previously handled by the United States Army.  1849 is the year the "gold rush" started.  BIA's responsibilities that are assigned by Congress consist of two types, trust and direct. These are defined by treaty agreements, by past and current federal laws and court cases, and by tradition and common usage. The laws relating to Indians are gathered into one book, the Code of Federal Regulations, CFR-25.

    12.  OGLALA SIOUX TRIBE, defendant,  a tribal government, created by the Bureau of Indian Affairs in 1934, by a legislative act called the Indian Reorganization Act, hence known as the IRA government, that was forced upon the Sioux in exclusion of their traditional government. In 1934 the U.S. Congress passed the Indian Reorganization Act, administered by the BIA, which sought to establish “elected tribal councils” on Indian reservations. The stated purpose of the “Indian New Deal” was to bring modern self-government to the Indians. The actual net effect was to replace traditional authority based on a lineage of chiefs or elders, and to replace that authority with governments manageable from the offices of the U.S. Department of Interior through the Bureau of Indian Affairs. OST has jurisdiction over its members and internal affairs. It does not have jurisdiction over non-members.

13.  GERALD BIG CROW, defendant, sued individually and in his official capacity, resides in Pine Ridge, worked in Fifth Member executive office of Oglala Sioux Tribe in 2004, former Council Member, acted as tribal attorney for Louise Big Boy, manipulating a fraudulent land transaction to show that Louise Big Boy owned land which she had not previously owned, and was not entitled to own.  Big Crow’s job was the facilitator, to go-between for Oglala Sioux Tribe, the BIA, Louise Big Boy, OST Tribal Court and Lisa Cook, Father Klink and the Catholic Church in order to finalize the illegal land transaction.

14. CONNIE WHIRLWIND HORSE, defendant, resides near where Plaintiff used to live, Kyle, SD, on the Pine Ridge Indian Reservation. Whirlwind Horse is very politically motivated, and sits on my Boards, including the OLC board, Rural Electric board, has frequently been elected to political offices for the District of Medicine Root. Whirlwind Horse has a large subleasing and illegal leasing of land, and who initiated Plaintiff’s eviction. Whirlwind Horse is responsible for reporting Plaintiff to the BIA as trespassing on Louise Big Boy’s land, when, in truth, Plaintiff was living and building on Church land owned by Red Cloud Indian School. Whirlwind Horse initiated the illegal eviction, by causing Big Boy to write a false complaint that Plaintiff was without permission, living on Big Boy’s land, which caused Plaintiff to lose her house without just compensation.

15. DALE VOCU, defendant, rancher residing on 3 Mile Creek, Kyle, living next to Plaintiff. He shot all of Plaintiff’s dogs and ran cattle into her yard. He, along with Connie Whirlwind Horse, reported Plaintiff to BIA as trespassing on Louise Big Boy’s land in a fraudulent scheme to get rid of the Plaintiff, which cause her to lose her house without just compensation.

16. DIDIER DUPONT, defendant, a French national, resides in Kyle, employed by Little Wound School, and Oglala Lakota College, who threatened Plaintiff to stop writing about Arlo Looking Cloud, who was instrumental in closing down Plaintiff’s web site www.lakotaperspectives.com., which mean a loss of sales from the art prints, a potential income of $10,000. He was very involved in the trial of Arlo Looking Cloud, preventing Plaintiff from helping Arlo secure a competent attorney, upon information and belief, was working with Robert Ecoffey to rig Arlo’s trial. He worked with Big Boy, to help evict Plaintiff, which caused her to lose her potential income and property.

17.  LISA F. COOK, defendant, sued both individually and in her official capacity, resides in Rapid City, formerly employed as associate judge by the Oglala Sioux Tribe, who issued an illegal eviction, without jurisdiction and not based on law, who was subsequently removed from office, and now resides in Rapid City and works in a field unrelated to law. A ruling not based on law or jurisdiction is void from the beginning, and as such, does not afford Judge Cook immunity. Cook was working in conspiracy to get rid of the Plaintiff so as to prevent her from writing about Bob Ecoffey’s fraudulent investigation of Arlo Looking Cloud. Cook did conspire to interfere with and violate, and did interfere with and violate, Plaintiff’s rights and privileges, and did deprive Ms. Schmidt of her liberty and her property without due process of law, in conflict with the laws and Constitution of the United States, and the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe.

18. ANN APPLE, defendant, sued individually and in her official capacity, prosecutor for Oglala Sioux Tribe, who made the Complaint against Plaintiff Schmidt; “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;” a totally false, unsubstantiated statement, which gave cause to Judge Cook to order Plaintiff removed from the reservation and evicted. Apple, did conspire to interfere with and violate, and did interfere with and violate, Plaintiff’s rights and privileges, and did deprive Ms. Schmidt of her liberty and her property without due process of law, in conflict with the laws and Constitution of the United States, and the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe.

19. OST PUBLIC SAFETY, sued individually and in their official capacity, the law enforcement entity, who enforces Orders issued by judges, keeps the peace, and isdirectly under the authority of the Oglala Sioux Tribal council's Judiciary Committee. However, the BIA still has ultimate control over Public Safety,¹ although Public Safety has vacillated between BIA and OST control.² Public Safety officers carried out Judge Cook’s order, knowing that the Order was void, made a false arrest and incarcerated the Plaintiff, pried the locks off Plaintiff’s house and allowed her house to be entered and ransacked by Louise Big Boy, Robert Montileaux, and others, who pilfered and looted Plaintiff’s belongings under police supervision.

20. CAPTAIN MILTAIN BIANIS, OST Police Captain, sued individually and in his official capacity, who gave orders to Police Officers to break and enter Plaintiff’s house, gave orders to subordinates to seize and arrest the Plaintiff, and take her to jail, did conspire to interfere with and violate, and did interfere with and violate, Plaintiff’s rights and privileges, and did deprive Ms. Schmidt of her liberty and her property without due process of law, in conflict with the laws and Constitution of the United States, and the laws of the State of South Dakota, and the laws of the Oglala Sioux Tribe.

  21. RED CLOUD INDIAN SCHOOL, aka Holy Rosary Mission, aka Pine Ridge Education Society, are all names given to the Catholic Church, which was established by Jesuits in 1888.  Not being able to negotiate a settlement for the Black Hills with powerful Chiefs such as Sitting Bull, who consistently refused to sell the Hills because the Hills were sacred to the Oglala Lakotas,  the U.S. Government enlisted the Catholic Church  to help destroy the Lakota Sioux culture.  In 1889, the U.S. government began funding the Catholic Church to assist the Agency or Bureau of Indian Affairs, in  the crushing of the Lakota culture, and thus, “civilizing” the hostile Indian, now they had all the Indians contained on reservations.  After the killing of Sitting Bull and the subsequent massacre at Wounded Knee in 1890, Holy Rosary protected the mission and U.S. BIA Agency from retaliation.  After the establishment of the Pine Ridge Indian Reservation, the U.S. government made tribal treaty funds available for support of Holy Rosary Mission.  These were federally administered funds available on a per capita basis through a petition process, which meant that either the Treaty Council of Elders, the traditional government, allow the Catholic Church to enroll Indian children in a dormitory school intended to strip the Indian children of their culture, or rations would be cut to starvation levels.  In 1973 the American Indian Movement occupied and destroyed Sacred Heart Church, Wounded Knee, which was rebuilt in the 1980s.  In 1975, the Mission was incorporated as Red Cloud Indian School and the Office of Director is renamed Office of the President, of whom the current President is Father Peter Klink.  The school has been continually staffed by Jesuits, Sisters of St. Francis, and lay volunteers. After the termination of federal funding, the school continued to prosper through private contributions from St. Katherine , federal disbursement of tribal funds held in trust, and operation of a mission ranch. Two acres where Plaintiff had built her house, were owned by Red Cloud Indian School.

22.  FATHER PETER KLINK, president of Red Cloud Indian School, also known as Holy Rosary Mission, who sold 2 acres of Church land to the Oglala Sioux Tribe, after 80 years of ownership, in conspiracy with BIA Supt. Bodin, in an effort to coverup the illegal notification that Plaintiff was in trespass on land that BIA claimed was owned by Louise Big Boy when the land was really owned by Red Cloud Indian School.

23. FALL RIVER COUNTY, a state government entity, county seat is Hot Springs, where Hot Springs Jail is located, States Attorney Lance Russell is prosecutor of the county.