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10/16/78 Agnes Lamont, Gladys v. Alexander Haig

October 16, 1978

BLAKLEY, APPELLANTS

v.

ALEXANDER HAIG, LIEUTENANT GENERAL, UNITED STATES ARMY, ET AL.



Before BAZELON, TAMM and ROBINSON, Circuit Judges.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT

AGNES LAMONT, GLADYS BISSONETTE, ELLEN MOVES CAMP, EUGENE

WHITE HAWK, MARVIN GHOST BEAR, EDGAR BEAR RUNNER,

OSCAR BEAR RUNNER, SEVERT YOUNG BEAR, RACHEL

WHITE DRESS, HELEN RED FEATHER, EDDIE

WHITE DRESS, VICKI LITTLE MOON,

MADONNA GILBERT, LORELEI

MEANS AND CARLA

No. 75-2006 1978.CDC.177

Appeal from the United States District Court for the District of Columbia (D.C. Civil Action No. 75-0271).

APPELLATE PANEL:

Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE ROBINSON

Appellants instituted suit to recover damages allegedly flowing from the deployment and utilization of Army and Air Force personnel for law-enforcement purposes pursuant to a conspiracy by appellees, present or past officers or employees of the United States. *fn1 The episode complained of took place in and around the Village of Wounded Knee, South Dakota, on the Pine Ridge Indian Reservation, from February until May of 1973. Appellants assert that the events that transpired then and there gave rise to an implied civil cause of action under the Fifth Amendment's Due Process Clause and 18 U.S.C. ยง 1385, which penalizes criminally the use of elements of the Army or Air Force to execute the laws, absent express constitutional or statutory ...


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