Law

Supreme Court asks for state reply in Public Law 280 case





The U.S. Supreme Court is asking the state of Minnesota for a reply in Beaulieu v. Minnesota, a Public Law 280 case.

David Beaulieu, a member of the White Earth Band of Ojibwe Indians, was deemed to be a "sexually dangerous person" and a "sexual psychopathic personality " under state law. The determination allows the state to remove him from the reservation and force him to undergo treatment for an indefinite duration.

The Minnesota Court of Appeals upheld the designation against Beaulieu in August 2010. Nearly a year later, the Minnesota Supreme Court ruled in a related case that tribal members are subject to the state's "civil commitment" laws even if they reside in Indian Country.

As a result, Beaulieu was unable to pursue his challenge further. So he's asking the Supreme Court to intervene and clarify whether the state's authority is warranted under Public Law 280.

The state initially declined to respond to Beaulieu's petition. But the Supreme Court directed the state to file a brief by March 14. [February 13 Letter]

Minnesota Supreme Court Decision:
In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson and In the Matter of the Civil Commitment of: Lloyd Robert Desjarlais (July 20, 2011)

Related Stories:
Minnesota court subjects Indian offenders to civil commitment (7/20)

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