Federal judge rules in favor of Band’s ‘inherent sovereign’ authority

After failed mediation between the two parties, Judge Susan Richard Nelson of the U.S. District Court made a ruling in the Mille Lacs Band of Ojibwe’s (MLBO) case against Mille Lacs County.

The ruling came after a hearing back in August, wherein the MLBO asked the judge for summary judgment, leading to award declaratory and injunctive relief, meaning the federal judge would declare the rights of the Tribal police and order the county to recognize the inherent authority. Additionally, the defendants named, Mille Lacs County Attorney Joe Walsh and Sheriff Don Lorge made a motion for summary judgment; they also asked that the claims in their individual capacities be dismissed. At the time, Judge Nelson asked the parties to seek mediation and come to a resolution between themselves. The parties were unable to do so, prompting the ruling.

In summary, the federal judge maintained the March 2022 ruling, in which it was stated, “Over the course of more than 160 years, Congress has never clearly expressed an intention to disestablish or diminish the Mille Lacs Reservation. The Court therefore affirms what the Band has maintained for the better part of two centuries — the Mille Lacs Reservation’s boundaries remain as they were under Article 2 of the Treaty of 1855.”

Judge Nelson wrote in the Jan. 10, 2023 ruling that the MLBO “possesses inherent sovereign law enforcement authority within the Mille Lacs Indian Reservation [...] The inherent sovereign law enforcement authority includes the authority of Band police officers to investigate violations of federal, state and tribal law.”

Included in the ruling, Judge Nelson said, “To the extent the temporary cooperative agreement currently in place limits the geographic scope of the Band’s inherent law enforcement authority to only trust lands, it is also unlawful.” The Court said the county’s actions after the revocation of the law enforcement agreement in 2016 and subsequent Opinion and Protocol issued from the county attorney’s office “caused harm to the Band’s tribal sovereignty.”

Even though the Court agreed with the MLBO’s claim that they were harmed by the county’s conduct, “prospective injunctive relief is unwarranted.” By recognizing the Tribal Police Department’s inherent authority, “the Court has granted, in part, the less drastic remedy of declaratory relief. [...] The declaratory judgment carefully limits the scope of the Band’s relief to the law enforcement authority recognized by the Supreme Court and other federal courts.” Therefore, the Court did not grant the MLBO permanent injunctive relief.

As for Lorge and Walsh’s request to be removed as individuals from the case, Judge Nelson granted this request and dismissed their individual capacity claims. The county attorney and county sheriff will still remain active in the case in their official capacities.

Chief Executive Melanie Benjamin of the Mille Lacs Band of Ojibwe gave an update on Friday, Jan. 13 and called the ruling a “win for the Band.” She reflected that the Court recognized “our inherent and federally delegated law enforcement authority are both intact.” Additionally, it confirmed that the “county cannot interfere with the Mille Lacs Tribal Police Department’s ability to protect our communities.”

From the county, County Administrator Dillon Hayes issued a statement, stating that the county is “disappointed” by the ruling. “The county believes the expansion of tribal law enforcement authority is neither necessary nor warranted,” he said in a statement. Hayes added that it was “welcome” to have the individual claims against the county attorney and sheriff dismissed; also that “no in injunction … was warranted.” 

According to the release, the county feels they have “grounds for a strong and successful appeal.” Hayes said in a later email that the county board of commissioners will review their options at their regular meeting on Jan. 17 and make a decision after.

Case background

The underlying federal case began when Mille Lacs Band sued the county and related officials after the county terminated the law enforcement agreement between tribal police and county police, with specific concern over tribal police exercising law enforcement authority or gathering evidence on land outside of the traditionally designated reservation of approximately 4,000 acres but within what the Band refers to as the 61,000-acre reservation. Walsh and Lorge assert that the county never threatened to arrest tribal officers for exercising law enforcement authority on non-trust land, however.

In 2016, Mille Lacs County revoked a cooperative law enforcement agreement with the Mille Lacs Band. Walsh asked former Minnesota Attorney General Lori Swanson to issue an opinion confirming the scope of tribal law enforcement authority in the absence of the cooperative agreement. The Attorney General’s office refused, and Walsh was forced to issue his own opinion. The current sheriff at that time, Brent Lindgren, and his deputies followed Walsh’s advice. The Mille Lacs Band sued Walsh, Lindgren and Mille Lacs County in federal court in 2017, claiming interference with the Band’s tribal law enforcement authority and that the 1855 reservation boundaries remained intact.