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GROUP FILES LAWSUIT AGAINST IHS OFFICIALS


RAPID CITY, SD – A lawsuit was filed in U. S. District Court on June 28, 2019, asking for an Immediate Injunction to discontinue the partial contracting of the Sioux San Indian Health Service Health Facility. The contract has caused chaos at the Health Facility and is jeopardizing the health of patients. Defendants named in the case are Rear Admiral Michael D. Weahkee, Principal Deputy Director of the Indian Health Service (IHS), and James Driving Hawk, IHS Area Director.

The IHS has given a contract to a local, non-profit corporation created by the IHS called the Great Plains Tribal Chairmen’s Health Board, which is not a tribe or tribal organization. Under Public Law 93-638, only a Tribe or Tribal Organization can participate in a contract.

RADM Weahkee claims there are two Tribal Resolutions authorizing this contract making it legal. However, as the tribes have no jurisdiction off of the reservations, a group of local Rapid City residents, patients of Sioux San and tribal members, deny the legality of the Tribal Resolutions from the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe.

“This contract violates my Treaty Rights to health care,” said Theresa Spry, “because our nation made this agreement with the United States, not some state entity.” The Great Plains Tribal Chairmen’s Health Board is a non-profit corporation under the jurisdiction of South Dakota.

“This whole process has violated the Civil Rights of the entire Rapid City Indian Community,” said George Jewett, “as we were never given the opportunity to comment on whether we wanted this or not.”

More than onehundred and fifty signatures have been gathered from Rapid City Native American community members who wish to join in the lawsuit. Notarized petitions are still being gathered from community members until the court date, including statements about how the 638 contract has affected their lives and healthcare. Federal Judge Jeffrey Viken has been approached with an amendment to change the complaint to a class action lawsuit. Law Professor Patrick Lee has offered his Pro Bono services on this case.

The IHS Defendants are represented by the U.S. Attorney General’s office and have until Aug. 28, 2019, to respond to the complaint, after which time a court date will be announced.

For more information call George Jewett at 605-209-5696.

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