Eagle v. Warren, CIV 18-4131
| Decision Date | 09 February 2021 |
| Docket Number | CIV 18-4131 |
| Parties | IRVING D. JUMPING EAGLE, Plaintiff, v. LLOYD WARREN and KATIE WARREN, Defendants. |
| Court | U.S. District Court — District of South Dakota |
Plaintiff Irving D. Jumping Eagle ("Jumping Eagle") filed a pro se Petition to invalidate the state court guardianship proceedings involving his child, I.L.J.E. He brought the Petition pursuant to 25 U.S.C. § 1914 of the Indian Child Welfare Act ("ICWA" or "Act"), 25 U.S.C. §§ 1901 et seq., seeking to invalidate an order entered by the Third Judicial Circuit Court in Brookings County, South Dakota, appointing Defendant Lloyd Warren, the child's uncle, and Defendant Katie Warren, the child's aunt, guardians of I.L.J.E ("Guardianship Order").
Defendants moved for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. (Doc. 36.) The Court granted Jumping Eagle's request for court-appointed counsel to represent him in these proceedings. (Doc. 39.) The motion for summary judgment is fully briefed. For the following reasons, the motion will be granted.
BACKGROUND
Unless otherwise noted, the following facts are uncontested.
Jumping Eagle is the biological father of I.L.J.E. Alicia Rhae Jumping Eagle ("Alicia"), now deceased, was the biological mother of I.L.J.E. Defendants are the maternal aunt and uncle of I.L.J.E. I.L.J.E. was born on December 22, 2014. I.L.J.E. is an Indian child as defined in ICWA. I.L.J.E. is an enrolled member of the Oglala Sioux Tribe. On or about April 3, 2017, Jumping Eagle killed Alicia by stabbing her. Jumping Eagle was arrested in connection with Alicia's death on April 4, 2017.
At the time of Alicia's killing and Jumping Eagle's arrest, I.L.J.E., at his mother's request, was staying with Defendants for the weekend. On April 6, 2017, Defendants filed a Petition for Temporary Guardianship in the Circuit Court of the Third Judicial Circuit in Brookings County, South Dakota, seeking temporary guardianship of I.L.J.E. In an affidavit attached to the petition, Defendants explained that they were the child's maternal aunt and uncle, and no other close relative was available to care for the child.1 Matter of Guardianship of I.L.J.E., 921 N.W.2d 463, 466 (S.D. 2018).
On April 7, 2017, the state trial court entered an Order Appointing Temporary Guardian and Conservator Pursuant to SDCL 29A-5-210, appointing Defendants as temporary co-guardians of I.L.J.E. No hearing was held prior to the state trial court's temporary guardianship order issued on April 7, 2017, and Jumping Eagle did not participate in the temporary guardianship proceedings. On April 10, 2017, Defendants filed a Proof of Notice in the underlying state court guardianship proceedings, stating that they sent copies of the prior filings in the proceedings to Jumping Eagle. The Sheriff's Return was filed on April 12, 2017. Jumping Eagle did not file anything in response to the temporary guardianship order.
On April 20, 2017, Jumping Eagle signed a Power of Attorney indicating his intent to give custody of I.L.J.E. to his sister, Dr. Sara Jumping Eagle, a tribal member.
Defendants assert that neither they nor the state trial court knew or had reason to know that I.L.J.E. was an Indian child at the time of the temporary guardianship proceedings. Jumping Eagle contends that the surname Jumping Eagle should have put Defendants and the circuit court judgeon notice that I.L.J.E. was an "Indian child" as defined by ICWA. Neither of the Defendants are Indians.
On June 16, 2017, Defendants filed a Petition for Appointment of Co-Guardians and Co-Conservators in state court, seeking permanent guardianship of I.L.J.E. Defendants claimed that I.L.J.E. could not care "for his health, care, safety, habilitation or therapeutic needs . . . ." Notice of the petition for permanent guardianship was served by hand-delivery to Jumping Eagle by the Sheriff of Brookings County on June 22, 2017. (Doc. 48-3.) The Order for Hearing that also was served by hand-delivery to Jumping Eagle provided that interested persons could apply for permission to intervene in the proceedings. (Doc. 48-1.)
On June 27, 2017, Kasey L. Olivier and Ashley M. Miles Holtz of Heidepriem, Purtell, Siegel & Olivier, LLP, Sioux Falls, South Dakota, filed a Notice of Appearance on behalf of Jumping Eagle in the state court guardianship proceedings.
On July 6, 2017, Defendants filed a Proof of Notice to the Oglala Sioux Tribe and Child Protective Services ("CPS") in the state court guardianship proceedings.
On July 12, 2017, Jumping Eagle asked the state trial court to accept his April 20, 2017, Power of Attorney indicating his intent to give custody of I.L.J.E. to his sister, Dr. Sara Jumping Eagle. In re Guardianship of I.L.J.E., 921 N.W.2d 63, 466 (S.D. 2018). Dr. Sara Jumping Eagle never filed a formal petition requesting guardianship of I.L.J.E. Id. at 467.
The state court held a status hearing on July 17, 2017. Jumping Eagle appeared by and through his retained counsel at the hearing. Jumping Eagle did not personally attend the hearing, but his counsel did not object or file a motion requesting that Jumping Eagle be personally present. The South Dakota Supreme Court stated that Defendants were not aware I.L.J.E. was an enrolled member of the Oglala Sioux Tribe. In re Guardianship of I.L.J.E., 921 N.W.2d at 467. The question whether ICWA applied arose during the July 17 status hearing. The state trial court asked if this was an ICWA case, and Jumping Eagle's lawyer responded that ICWA did not apply to this case. (Doc. 38-11, Hearing Transcript, pp. 4-5.) The state court determined a need existed to extend Defendants' temporary guardianship for 90 days, and refused Jumping Eagle's request to place I.L.J.E. with Dr. Sara Jumping Eagle. The hearing on the permanent guardianship was scheduled for October 6, 2017.
On July 21, 2017, the state court entered an Order Extending Temporary Co- Guardianship and Co-Conservatorship Pursuant to SDCL 29A-5-210, extending the temporary appointment of Defendants as co-guardians of I.L.J.E. for 90 days. (Doc. 38-12.)
On July 25, 2017, Dana Hanna of Hanna Law Office, P.C., Rapid City, South Dakota, filed a Motion to Intervene and a Notice of Appearance on behalf of Oglala Sioux Tribe in the state court guardianship proceedings. On August 4, 2017, the state trial court entered an Order Granting Oglala Sioux Tribe's Motion to Intervene. The Tribe participated in the proceedings, but it did not object to the guardianship or request transfer to tribal court under ICWA.
On September 12, 2017, Jumping Eagle entered a guilty plea in criminal file 49 CRI 17-002636 to Manslaughter in the First Degree for the killing of Alicia. On January 30, 2018, Judgment was entered sentencing Jumping Eagle to one hundred (100) years in prison. (Doc. 38-16.)
The hearing on the permanent guardianship was held on October 6, 2017. Jumping Eagle appeared via interactive video conferencing (ITV) from the Minnehaha County Detention Center and by and through his retained counsel at the evidentiary hearing or court trial on Defendants' petition for permanent guardianship; Jumping Eagle's lawyers were present in the courtroom during the hearing and actively participated in the hearing.
During the October 6, 2017, evidentiary hearing before the state trial court, the Oglala Sioux Tribe appeared by and through counsel, Dana Hanna, who was personally present and participated in the proceedings. Also during the hearing, the parties stipulated that the state guardianship proceedings met the definition of a "foster care placement" pursuant to ICWA, and thus ICWA applied to the proceedings. The parties' stipulated to an ICWA expert, Luke Yellow Robe. Yellow Robe and Jumping Eagle's sister, Dr. Sara Jumping Eagle, testified that Defendants are part of I.L.J.E.'s tiospaye or "extended family" as defined by Lakota culture. In addition to the testimony of Luke Yellow Robe and Dr. Sara Jumping Eagle, Defendants, and some of Defendants friends and relatives testified at the October 6 hearing.
On October 26, 2017, Defendants filed their Proposed Findings of Fact and Conclusions of Law in the underlying state court guardianship proceedings and notified Jumping Eagle of this filing on the same date.
On November 9, 2017, Jumping Eagle, by and through his retained counsel, filed Objections to the Proposed Findings of Fact and Conclusions of Law and Counter Proposed Findings of Fact and Conclusions of Law in the state court guardianship proceedings, which the state trial court denied on November 15, 2017. The Tribe did not file objections to Defendants' Proposed Findings of Fact and Conclusions of Law, and it did not propose its own findings or conclusions or bid for a different guardian for I.L.J.E.
On November 15, 2017, the state trial court entered Findings of Fact and Conclusions of Law and an Order Appointing Co-Guardians and Co-Conservators (the "permanent guardianship order"), appointing Defendants as co-guardians to I.L.J.E. The state trial court found that the expert testimony of Luke Yellow Robe was credible and that it established clear and convincing evidence that custody of I.L.J.E. by Jumping Eagle is likely to result in serious emotional or physical damage to I.L.J.E. (Doc. 38-20, p. 3-4, Finding of Fact 35.) As required by 25 U.S.C. § 1912(e), the state trial court concluded that expert testimony "supported by clear and convincing evidence" that custody of I.L.J.E. by Jumping Eagle is likely to result in serious emotional or physical damage to I.L.J.E,. "and therefore it is in the best interest of the minor child that the minor child be placed with the Petitioners who are the maternal extended family members." (Doc. 38-20, p. 6, Conclusion of Law 13.)
On December 15, 2017, Jumping Eagle, by and through his retained counsel, filed a Notice of Appeal in the underlying state court guardianship proceedings, appealing the state trial court's interim...
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