Judge Rules in Favor of the Band
Chief Executive Benjamin calls this a "Win for the Band"
Federal District Court Judge Susan Richard Nelson ruled that Mille Lacs County interfered with the law enforcement powers of the Mille Lacs Band of Ojibwe. The final ruling in the Band’s lawsuit against Mille Lacs County, County Attorney Joseph Walsh, and Sheriff Don Lorge was issued on Tuesday, January 10, 2023.
The ruling stated that the Band “possesses inherent sovereign law enforcement authority within the Mille Lacs Indian Reservation [...] The inherent sovereign law enforcement authority includes the authority of Band police officers to investigate violations of federal, state and tribal law.”
“This is a win for the Band!“ Chief Executive Melanie Benjamin said. “The Federal Court Judge has made a ruling that our inherent and federally delegated law enforcement authority are both intact. This means the county cannot interfere with our Tribal Police Department’s ability to protect our communities and investigate crimes. This also upholds the Judge’s previous ruling that the Reservation boundaries of the 1855 Treaty remain intact as well.”
A summary of the ruling is as follows:
County Attorney Walsh and Sheriff Lorge moved to dismiss the Band’s claims against them in their individual capacities. The Band did not oppose the dismissal of these claims, and Judge Nelson dismissed them.
Walsh and Lorge also moved to dismiss the Band’s claims against them in their official capacities. The Band opposed the dismissal of those claims and Judge Nelson declined to dismiss them. This ruling was important to the Band because it was the actions of County Attorney Walsh and then-Sheriff Lindgren (for whom Lorge was substituted) that triggered the law enforcement crisis on the Reservation from 2016 to 2018 and gave rise to the Band’s lawsuit.
Judge Nelson said the Opinion and Protocol issued from the county attorney’s office “caused harm to the Band’s tribal sovereignty” after the revocation of the law enforcement agreement in 2016.
The Band asked Judge Nelson to enter a declaratory judgment defining the scope of the Band’s inherent and federally delegated law enforcement authority. All defendants (the County, Walsh, and Lorge) opposed the Band’s request on multiple grounds. Judge Nelson agreed with the Band and entered a declaratory judgment, rejecting each of the defendants’ arguments.
The declaratory judgment confirms that the Band’s inherent and federally delegated law enforcement authority extends throughout the 1855 Reservation and includes the authority to investigate violations of federal and state law by Indians and non-Indians. The Band’s federally delegated authority includes the authority to fully investigate and arrest both Indians and non-Indians for federal offenses, as set forth in a Deputation Agreement between the Band and the Bureau of Indian Affairs. The Band’s inherent authority is more limited as to non-Indians; Band officers can only temporarily detain non-Indians and conduct initial investigations before turning them over to agencies with prosecutorial authority. Judge Nelson stated that the scope of such investigations is governed by the Supreme Court’s recent decision in United States v. Cooley and other case law.
The Band also asked Judge Nelson to enter an injunction prohibiting defendants from interfering with the Band’s law enforcement authority. Judge Nelson declined to do so, reasoning that her declaratory judgment should be sufficient to prevent interference with the Band’s law enforcement authority. Judge Nelson stated that the Band could return to court to seek an injunction in the event the County interferes with the Band’s law enforcement authority in the future.
Judge Nelson’s final order incorporates her earlier rulings that: (1) the case is within the Court’s subject matter jurisdiction; (2) the Band has standing to pursue its claims and its claims are ripe and not moot; (3) Walsh and Lorge’s various immunity and federalism defenses lack merit; and (4) the 1855 Reservation has not been disestablished or diminished.
Defendants have 30 days from the date of the ruling (until February 9) to file a notice of appeal. According to a statement published in the Mille Lacs Messenger, Mille Lacs County Administrator Dylan Hayes said the county feels it has “grounds for a strong and successful appeal.” Hayes also stated that the county board of commissioners will review its options at its regular meeting on January 17 and make a decision afterwards regarding the county’s future actions. That discussion was held in a closed meeting with no action publically announced on January 17.
There has been a temporary cooperative law enforcement agreement in place for several years. That temporary agreement is set to expire 90 days from the conclusion of the case, including any appeals. As a result, it remains in effect and will remain in effect should the County appeal the case, which could take a year or more to be resolved.
The Band’s Solicitor General, Caleb Dogeagle, stated that the Band is pleased with Judge Nelson’s ruling. “The Band has accomplished everything it set out to achieve with this case, which was to end the law enforcement crisis on the Reservation and to prevent interference with the Band’s inherent and federally delegated law enforcement authority. At every step, Judge Nelson agreed with our arguments on the merits and rejected defendants’ counterarguments.”
