Local group’s challenge against IHS dismissed

RAPID CITY – The Eighth Circuit Court of Appeals has dismissed Donna Gilbert, Julie Mohney, and Charmaine White Face’s challenge against IHS about Great Plains Tribal Chairmen’s Health Board’s (GPTCHB) 638 contract. The original challenge was dismissed from the United States District Court for the District of South Dakota – Western by Judge Jeffrey Viken.

The complaint against the 638 contract is based upon the fact that GPTCHB is a non-profit organization while claiming to be a tribal organization. P.L. 93-638 states that the Federal Government can only enter into a contract with a Tribe and Tribal Organization, which the plaintiffs claimed the health organization are not.

“What is the use of having laws if they can be violated by a federal agency AND the federal courts,” asked White Face in an essay about the dismissal. “Or is this the same-ole same-ole by the federal government that the U.S. Constitution and the law doesn’t matter if it only affects American Indians?”

“We need an excellent lawyer to help us go on to the Supreme Court,” White Face continued. “We also need someplace in the federal system to be able to file criminal charges against IHS, the local federal government, and the 8^th Circuit Appellate Court as they are ALL violating a federal law, P.L. 93-638.”

The IHS and GPTCHB did not immediately respond for comment.

(contact Travis at travisldewes@gmail.com)

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