PRELIMINARY STATEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

THOMAS R. POOR BEAR,

Plaintiff,

vs.

TOM NESBITT, in his official capacity as Superintendent of The Nebraska State Patrol,

TERRY E. ROBBINS, in his official capacity as Sheriff of Sheridan County, Nebraska,

ROBERT LOGSDON, in his official capacity as Chairman of the Nebraska LIquor Commission,

RICHARD COYNE, in his official capacity as a member of the Nebraska Liquor Commission,

RHONDA FLOWER, in her official capacity as a memeber of the Nebraska Liquor Commission,

Defendants,

PRELIMINARY Statement

This is a civil rights action brought pursuant to 42 U.S.C. alinea 1983 by Thomas R. Poor Bear, a Native American Oglala Lakota, requesting damages, declaratory and injunctive relief from a pattern and practice engaged in by the Defendants of depriving Plaintiff of his constitutional rights to speech, assembly, association and the free exercise of his Lakota religious practices under the First and Fourteenth Amendments to the United States Constitutions, Plaintiff claims that the Defendants have violated his right to travel freely between the Pine Ridge Reservation in South Dakota and Nebraska as secured by the First and Fourteenth Amendments to the United States Constitution;

and the right of the Plaintiff and his family and extended family to be safe and secure in their persons by the equal enforcement of the criminal and regulatory laws of the State of Nebraska, as afforded by the First, Fourth and Fourteenth Amendments to the United States Constitution. Plaintiff seek to have his liberty interests protected under the Due Process Clause of the Fourteenth Amendment and not to be discriminated against because of his status as a Native American Oglala Lakota in violation of the Equal Protection Clause of the Fourteenth Amendment.

Finally, Plaintiff as an Oglala Lakota seeks for the enforcement of those Executive Orders of the United States ' President and the Acts of the Congress which created and dedicated the fifty (on) mile of land in Nebraska known as the Whiteclay Extension as a part of the Pine Ridge Reservation for the buffer zone to protect the 15,000 Lakota on the reservation from the sale of alcohol. Plaintiff further seeks just compensation under the Fifth and Fourteenth Amendment to the United States Constitution from the past and continued denial and refusal to return the Whiteclay Extension to the Lakota for a buffer zone for the Pine Ridge Reservation and the failure of the defendants to protect the Plaintiff and the Lakota from the sale of alcohol within the Whiteclay Extension. 

 

 

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