Anna Mae Pictou Aquash Murder Reinvestigated

IN THE 8TH CIRCUIT COURT OF APPEALS

Case No____________

In re )
JANIS SCHMIDT ) PETITIONER

)
v. )

)
THE WESTERN DIVISION OF THE )
UNITED STATES DISTRICT COURT )
AND THE HONORABLE KAREN ) RESPONDENTS
SCHREIER, AS JUDGE THEREOF )


PETITION FOR WRIT OF MANDAMUS

COMES NOW, Petitioner Janis Schmidt, pursuant to Rule 21, Federal Rules of Appellate Procedure, 28 U.S.C. 1651, and the First Amendment of the U.S. Constitution, and submits the following petition for writ of mandamus.

JURISDICTION

First Amendment to U.S. Constitution, right to petition for redress of grievances.

GRIEVANCE

The grievance of this petition is that District Judge Karen Schreier is determined not to allow my case to be heard in Court, that she has failed to defend my Constitutional right to sue in a federal court of law for recovery of damages and the loss of property and belongings worth thousands of dollars, that she is biased against my cases and refuses to recuse because she has been professionally involved with several defendants in an elaborate felony crime of murder and the subsequent indictment of an innocent man to take the blame. My specific grievances are as enumerated:

(1) failure to accept jurisdiction on Claims with constitutional issues; and
(2) failure to rule on all my motions; and
(3) selective ruling with bias against me,
(4) failure to follow Federal Rules of Civil Procedure by not accepting my pleading as true, misconstrues facts in an unfavorable light, more like a prosecutor instead of a judge;
(5) allowing officials to hide crimes behind sovereign immunity, instead of upholding the mandates of the U.S. Constitution;
(6) refusal to recuse due to obvious bias and prejudice
(7) failure to disclose close ties with defendants that greatly affects her rulings my cases
(8) failure to disclose close working relationship with the Oglala Sioux Tribe when in the year 2000, concurrent with federal judge duties, Karen Schreier also was employed by the Oglala Sioux Tribe to work within the tribal court system as special prosecutor; therefore she should have recused herself from all my cases.


RELIEF SOUGHT

1. I ask this Court to make a ruling on my petition.

2. I ask that all of Judge Schreier’s rulings be declared null and void.

3. I ask that my cases be assigned to a new judge who will rule strictly by the US Constitution in a venue free of prejudice.

4. I ask that my claims be accepted into jurisdiction of a prejudice free federal district court.
5. I ask that all time limitations be accorded to the date I initially filed, due to judicial decimation of my cases Judge Schreier.

6. I ask that I be allowed to amend my claims as necessary to repair any damage done by Judge Schreier’s unscrupulous rulings.

7. I ask that my claims be decided by a fair and impartial jury.

8. I ask that my lawsuits proceed according to the Constitution.

ISSUES PRESENTED

(1) Is a judge immune to disobeying the Constitution and the law?
(2) Does sovereign immunity take precedence over the U.S. Constitution?
(3) Do tribal governments and its courts have to obey the U.S. Constitution and it’s laws?
(4) Can tribal government conspire with federal court to falsify evidence, cover-up crime, and obstruct justice and hide everything under sovereign and judicial immunity?
(5) Do resident nonmembers living on an Indian Reservation have protected rights under the Constitution that must be recognized and protected?
(6) Is a judge obligated to conform to laws of the U.S. Constitution and obey to uphold and defend the rights enumerated in the U.S. Constitution?
(7) Can a judge hide crimes, improprieties, and bad ruling under judicial immunity, thus protecting egregious and very bad conduct of a judge?

PRELIMINARY STATEMENT

My cases and causes involve the fundamental right to be heard, to be afforded a hearing before a drastic measure is taken, such as seizure of property, arrest, and/or incarceration. At the forefront, is the malicious denial of the right to be heard, the right to speak and write without fear of drastic reprisals, and the right to be heard in Court. My cases and causes involve Indians, the Oglala Sioux, the people, the oyate, who are experiencing deep seated problems with their IRA government, who rule over them in a dictatorial fashion, in a way that is offensive to them. The court systems, both tribal and federal exist more as a means of control, rather than any dispensation of justice according to the U.S. Constitution. Because I came up against the two issues of concern to the Lakota people, land fraud and judicial tyranny, and dared to speak up and speak out against the corrupt tribal government, I was arrested, evicted, banned, jailed, assaulted, and all my property was seized by tribal, BIA, and certain corrupt tribal members, who benefit from their fraudulent government, who use the tribal courts to punish anyone who would dare criticize by denying their civil liberties. Now, I am being denied my right to sue and be heard in court by a judge who, as U.S. Attorney, was deeply involved in covering up the criminal activities of the FBI on the Pine Ridge Indian Reservation.

I both present my grievances and invoke my right to demand redress with the following:

STATEMENT OF FACTS

I, Janis Schmidt, a Citizen of the United States of America assert that the Judge Karen Schreier has broken the Supreme Law of the Land (Article VI of the US Constitution). This abuse of law and power has materially and significantly damaged me individually, and USA citizens collectively. Judge Schreier has not defended my fundamental right to be heard on Constitutional matters by claiming that tribal sovereignty overrides the Amendments to the Constitution, thus failing to uphold my constitutional right to address the U.S. Federal Court to be able to sue to recover damages due to the constitutional violations of the Defendants. Judge Schreier is hiding her own impropriety behind sovereign and judicial immunity, and has a guilty secret to hide, which would come out in court if my lawsuits were allowed to come to court. Judge Schreier has not defended my fundamental right to be heard on Constitutional matters by claiming that tribal sovereignty overrides the Amendments to the Constitution, thus, Judge Schreier is not upholding the Constitution which is a violation of her Oath of Office, and an act of treason.

Judge Karen Schreier has taken an adversarial and prosecutorial stance in her ruling against me. She is biased against me for having criticized the federal court in that past, in particular, for my writing about the trial of Arlo Looking Cloud, critical of Mandel, Piersol, Ecoffey, of whom some are now defendants in lawsuit, or who will be trying the case for the U.S. Government. Karen Schreier, as U.S. Attorney, in 1994, along with Bob Ecoffey, coerced Arlo Looking Cloud into making a statement, a proffer, which she signed, and which was never brought up at Arlo Looking Cloud’s trial 10 years later. (copy of email)

Judge Schreier was sitting judge in the case of (U.S. v. Larry Big Boy) July 2, 2002, of whom 2 people involved are 2 defendants in my lawsuits, Louise Big Boy and Robert Montileaux. As such, Judge Karen Schreier knew when she took on my lawsuit, Janis Schmidt v. Louise Big Boy, et.al., that she had a conflict of interest. But Judge Schreier wanted to cover up a nefarious and sinister past, when, as U.S. Attorney for South Dakota, she and her FBI along with Robert Ecoffey (another defendant in my lawsuits) framed up Arlo Looking Cloud for the murder of Anna Mae Pictouu Aquash, by luring Arlo into signing a Proffer in 1994, in which Karen Schreier, Robert Ecoffey, Arlo Looking Cloud, Arlo’s attorney, and Assistant U.S. Attorney signed. (copy of Looking Cloud Trial Transcript) As judge, Schreier knew she must recuse herself from my lawsuits to maintain the integrity of the Court and personal ethics as a judge. She knew this, but yet she was willing to risk it all banking on the thought that she would be able to out-wit a poor pro se Plaintiff, and thereby cover-up a huge Obstruction of Justice that took place back in 1994.

Most recently, Karen Schreier was working very closely with Cecelia Fire Thunder, president of Ogalala Sioux Tribe, and Alex White Plume, vice president, and tribal judges Marina Fast Horse and Chief Judge Lisa Adams. In 6 entries to the Federal Court, these defendants conspired with Judge Karen Schreier as to how I was a dangerous threat to society, submitting falsified evidence and false statements, including a motion to dismiss my lawsuit #2. I recently received a judgment that my case was dismissed before the defendants even answered. I called the clerk for the docket. This is where I discovered the shenanigans taking place. Six entries, and I was never notified copy of these documents or motions. Six entries!! Collusion of Judge Schreier with defendants to defeat my lawsuit from ever entering her courtroom!

I have criticized the federal court, starting with Arlo Looking Cloud on through Donny Bear Robe, and many, many others. (Copies of Articles)

The problem began when I started to write in defense of Arlo Looking Cloud, digging into the investigations of Bob Ecoffey, which I labeled as fraudulent. I had no idea what kind of hornet’s nest I was stirring up, or who all was involved in the murder of Anna Mae, or especially, who all was involved in the coverup of the murder of Anna Mae, including federal Judge Karen Schreier, who has assigned herself to my 3 lawsuits, in which she had prior involvement with defendants as U.S. Attorney.

Karen Schreier is currently the chief judge of the federal courts in South Dakota. She received her appointment as federal judge in 1999 and began serving in Rapid City. Prior to that, she was the U.S. Attorney for South Dakota, residing in Sioux Falls.

In 1994, U.S. Attorney Karen Schreier, was involved in signing a Proffer involving statements made by Arlo Looking Cloud, who made a protected statement of having witnessed the killing of Anna Mae, having no idea he was being set up to be indicted by the very ones who had unconstitutionally extracted the protected statements from him. Involved in the signing of the Proffer were Arlo Looking Cloud, his attorney, Mr. Henry N. Mulvihill, U.S. Attorney, Karen Schreier, Assistant U.S. Attorney, Dennis R. Holmes, and Robert Ecoffey, U.S. Marshal. “ There were FBI and some others present at this treaty, which took place on November 3, 1994,” statement by Arlo Looking Cloud which may be inspected through Barry Bachrach, Esquire, who has this statement in a letter from Arlo. (Copy of trial transcript) In other words, Karen Schreier was very active as U.S. Attorney, in interrogating Arlo Looking Cloud, to gain information that would later be used against him in order to protect the identities of those involved with setting up the murder of Anna Mae.

The fact that Bob Ecoffey knew to question Arlo Looking Cloud out of the hundreds of thousands of people involved in AIM activities on the Pine Ridge Reservation, would lead a reasonable person to believe that Ecoffey knows a lot more about the planning of the execution styled murder than he is letting on. Arlo’s protected statements contained in the Proffer never saw the light of day at his trial in Rapid City, February, 2003. Presiding judge was Chief Judge Piersol from Sioux Falls. Active in the Rapid City Court was federal Judge Karen Schreier. Trying the case was U.S. Attorney Thomas MacMahon and Assistant Attorney Mandel. Arlo’s attorney was court appointed Timothy Rensch, from a Rapid City law firm. Assigning himself as Arlo’s representative was Didier Dupont, a Frenchman, a suspected FBI operative, who wrote to Judge Piersol, claiming to be a first cousin to Arlo, who is full blood Oglala Sioux. Didier resides in Kyle and is employed at Little Wound School where Louise Big Boy, is also employed. He immediately hated my writing about Arlo Looking Cloud and started backing the ranchers and Louise Big Boy in their conspiracy to evict me. Karen Schreier is definitely involved in this, and improperly assigned herself to my lawsuits so as to dismiss the lawsuits before they ever come to court, an act which is blatantly illegal and unconstitutional.

Instead of protecting Arlo as a witness to the murder, Bob Ecoffey was the star witness for the prosecution, and Karen Scheier was very silent on the fact that she was working very closely with Ecoffey and the FBI, and had fraudulently and unconstitutionally coerced statements from an alcoholic full blood Sioux Indian, Arlo Looking Cloud. Another star witness was Kamook Nichols Banks Ecoffey, the former common law wife of leader and cofounder of AIM, Dennis Banks, now the bride and legal wife of Bob Ecoffey. (Copies enclosed)

Robert Ecoffey is named as a Defendant in my 3rd lawsuit in which Judge Karen Schreier refuses to recuse herself. Bob Ecoffey and U.S. Attorney Karen Schreier filled in gaps in Arlo’s story, such as stopping in Allen at the Dick Marshall house. Arlo doesn’t remember this. Why fill it in, except to try connect the murder to AIM? Freida Brewer Marshall, wife of Dick Marshall, is also a defendant in my lawsuit

Chief of Police, Harold Brewer is brother to Frieda Brewer Marshall, both defendants in my lawsuits, another reason for Judge Schreier to recuse herself.

In July, 2002, Karen Schreier, was the judge assigned to the case of Larry Big Boy, brother to Louise Big Boy, who is named as a defendant in my lst Lawsuit. Larry was accused and charged with molesting the daughter of Robert Montileaux, son of Louise, and a Defendant in my 1st lawsuit. Larry, Robert and his wife and girls, all lived in Louise’s house in Kyle housing. Larry had overheard Louise scheming with Vocu and Whirlwind Horse as to how they were going to get rid of me. Larry scolded his sister, and threatened to tell me. Louise and her son Robert retaliated by having Robert’s girl accuse Larry of molesting her. Louise sold 80 acres of land belonging to the U.S. government for $12,000 claiming she was going to get a good attorney to defend Larry. However, she squandered the cash and the record will show that Larry Big Boy was represented by Gary Colebath from the Public Defender’s office, presided over by Judge Karen Scheier. Judge Schreier knew she had a conflict of interest when she accepted by case, Janis Schmidt v. Louise Big Boy, et.al. (copy of complaint)

Judge Schreier dismissed main defendants, but hung onto the Sheriffs and States Attorney, so as not to make a final judgment, and to set up a fellow prosecutor, with immunity protection, to dismiss my case with prejudice, and to charge me for having even brought it to Court. I claim the right to then take state officials to state court and apply S.D. state law in suit against them. Even so, the case should never have been dismissed by the judge because of its constitutional violations. Judge Schreier is deliberately using the awesome power of her office, to wreck my lawsuits, and protect the Defendants who are guilty of more than just conspiracy to deprive me of my property and constitutional rights, but to hid her involvement in a criminal miscarriage of justice with Arlo Looking Cloud and that of defendants Bob Ecoffey, Frieda Brewer Marshall, OST chief-of-police Harold Brewer, former tribal judge Lisa Cook, current OST president Cecelia Fire Thunder, States Attorney Lance Russell, and various tribal council members, all who are defendants in my lawsuits.

Judge Schreier has refused to recuse herself from my cases. In her rulings she has reasoned more like a prosecutor than a judge, misconstruing my facts, not accepting my facts as true, placing me in an unfavorable light, refusing jurisdiction, ruling on merits before discovery. (Copy of decisions and Complaint) (Copy of Dockett)

In her ruling to refuse to recuse, Judge Schreier, summarizes the facts like a prosecutor representing the defendants. In her falsified version of background she states, “Schmidt lived on Pine Ridge Indian Reservation until 2004 when she was evicted from a two-acre parcel of land that belonged to the Oglala Sioux Tribe. Schmidt was removed from the Reservation.” (copy of ruling) In the very first sentence, like a very cunning prosecutor, she sets up as truth, a false premise:

1. I clearly stated that I lived on the Pine Ridge Indian Reservation for 15 years. This is prosecutor trickery to make it sound like I had just breezed into the Reservation yesterday, and a deliberate misstatement of my facts that I lived 15 years on the Reservation as an artist, teacher, and civil rights leader.
2. Malacious distortion of the facts to say I was evicted, which so-stated gives a legal meaning that the eviction was legal and lawful, which it was not, which is the point of my 1st lawsuit, in which I state that the eviction was without jurisdiction, without law, and without a hearing.
3. Deliberate falsification of evidence to claim I was “legally” removed from land belonging to the Oglala Sioux Tribe, when the land in question had belonged to the Catholic Church for over 80 years, in which I submitted deeds to the Court, proving my case.

Schreier has deliberately distorted and falsified my facts to set me up to be prosecuted by a prosecutor who is also a defendant in the suit she mentioned. This falsification of facts sets up States Attorney’s defense, where I the victim of a malicious conspiracy to silence me and to prevent me from writing about Arlo Looking Cloud and Bob Ecoffey. Those are my facts. As it turns out, it is also a fact the Schreier as U.S. Attorney, was very complicit in framing Arlo Looking Cloud at the behest of Bob Ecoffey and his FBI who had terrorized and traumatized the Lakota people during the 70’s, as well documented in Peter Methiason’s book, In the Spirit of Crazy Horse and Rex Weyler’s Blood of the Land. (copy of my Complaint)

Schreier establishes as “truth” that I was evicted lawfully from land belonging to the Oglala Sioux Tribe, and therefore lawfully removed by the Sheriff’s and States Attorney. She is thereby falsifying the evidence which she can get by doing since by her own decree, “judges have absolute judicial immunity,” which also puts them beyond the reach of the People and the Constitution, which they are sworn to uphold, and a federal court is supposed to defend the constitutional rights of the People.

Instead of ruling by the US Constitution, as I based my Complaints on violations of my constitutional rights in which my property was seized without due process and I was further harmed by having my liberty denied without due process or probable cause, Judge Schreier is herself, ruling unconstitutionally, making decisions without a hearing.

Lawsuit #1, Janis Schmidt v. Louise Big Boy, et.al.
1. This is an action for damages and injunctive and declaratory relief and costs for the illegal and unconstitutional seizure of Plaintiff's property of buildings, large garden and orchard, and personal property. This case is an egregious instance of citizens conspiring with public officials who committed official misconduct and fraud to deprive Plaintiff of her property, her due process, her constitutional rights, her civil rights, her personalty by not only removing her from her house, but to ban her from the reservation in an attempt to silence Plaintiff for exposing the graft, theft, and corruption that was taking place on the Pine Ridge Indian Reservation and other wrongs committed against Native Americans on that reservation and elsewhere. Plaintiff has suffered not only extensive damages and emotional distress, but she has been irreparably harmed by Defendants successful conspiracy to deprive her of her real and personal property.


Judge Schreier made a summary judgment after misconstruing my facts. She dismissed my claims against Judge Lisa Cook, Oglala Sioux Tribe, OST Dept. of Public Safety, Captain Milton Bianis, and Red Cloud Indian School, under the rule of sovereign and judicial immunity. She disallowed my use of the Constitution and federal statute 42 USC 1983, 1985. She made this judgment without ever allowing me to be heard in court. She left the case open to the State defendants and one poor little unrepresented Indian, Louise Big Boy. Instead of making a final judgment, and therefore making my case immediately appealable, she hung onto the States Attorney.

LAWSUIT #2, Janis Schmidt v. Cecelia Fire Thunder, et.al., filed October 2005

1. Defendant Cecelia Fire Thunder, president of the Oglala Sioux Tribe, struck back at civil rights advocate Janis Schmidt, and ordered Schmidt excluded from the Pine Ridge Indian Reservation. In a surprise and illegal move, Fire Thunder ordered the Tribal Police to enter Leroy Waters private property and remove Janis Schmidt. Summons had just gone out in Plaintiff Janis Schmidt lawsuit in which Louise Big Boy, OST, and others were named as defendants. Fire Thunder stated in her exclusion order, "that on or about March 24, 2004, Plaintiff was charged and summoned by the Oglala Sioux Tribal Court for threatening a Tribal member, Louise Big Boy, Section 21.1 (c.), a property owner and consequently evicted from Ms. Louise Big Boy's Property." Fire Thunder accused Plaintiff falsely of threatening a member, Louise Big Boy, yet was unable to produce any evidence that such an act took place, which it did not. Fire Thunder falsified evidence, made false and malicious statements about Schmidt, then issued her order without a hearing. Fire Thunder accused Schmidt of causing dissention and discomfort with the OST members and officials, engaging in defamatory publications, making slanderous and defamatory statements that caused harm and irreparable injury to the Oglala Sioux Tribe, its officials and members, causing shun, ridicule and potential physical and civil disruption, all examples of Fire Thunder's false statements. Fire Thunder violated Schmidt's constitutional right to due process and right to peaceful assembly and Fire Thunder was looking for an excuse to remove Schmidt because she didn't like Schmidt's civil rights work. Defendant Judge Marina Fast Horse approved the order, and ordered the Police to remove Plaintiff Janis Schmidt ex parte, knowing that she was issuing an illegal order. Chief of Police Harold Brewer knowingly carried out the illegal order, knowing that Plaintiff was not a threat, therefore knowing he was carrying out an illegal ex parte order. He used the power of his office to order his police to remove Janis Schmidt because, in part, of a personal vendetta against Schmidt for twice writing in Black Hills Peoples News of how he tampered with evidence. Cecelia Fire Thunder violated first amendment rights, freedom of speech and freedom of press. Fire Thunder squashed the rights of the jailed and inmates who rely on Lakota Wawokiya Civil Rights Org. Plaintiff seeks injunctive, declarative relief, and damages.

As a matter of right, I amended my Complaint before summons had gone out, December 30th, 2005, after Harold Brewer had arrested me without a warrant and without probable cause, and threw me in tribal jail overnight in solitary confinement. Judge Schreier had refused to allow me Marshal service of summons, stating that I had to personally have summons served, which was a very dangerous proposition under the circumstances, that I had been illegally removed from the reservation under threat of arrest. Because Judge Scheier was delaying on the service of summons, I had Leroy mail Complaint and Summons, in an effort to protect myself from more harm and damages by defendants, not fully realizing that Judge Schreier had an improper relationship with the defendants, in essence, a death wish for my lawsuits. The cost of mailing certified was $200 which as in pauperis status, I should not have had to pay. As a result, I drained my checking account, and lost my classes because Judge Schreier failed to rule in a timely fashion. I was also forced to find a place to live without income, and with personal injury caused by forced move, and lose of job, and loss of common law husband, and loss of my home, all because Judge Schreier failed to rule in timely fashion, and when she ruled, she did so in an adverse fashion towards me and with prejudice. She did not rule according to law or the Constitution because she hopes to crush me before I can bring out in court that she, as U.S. Attorney did connive with defendant Bob Ecoffey to frame up Arlo Looking Cloud for the murder of Anna Mae Pictou Aquash, thus exhibiting very bad conduct for a federal chief judge.

2nd Lawsuit, Amended Complaint

1. Comes now Plaintiff, having suffered serious illegal retaliations by Defendants, Plaintiff was restrained of her liberty by words and acts which she feared to disregard. Plaintiff now petitions the Court to protect her physical person and her civil liberties as guaranteed under the Constitution of the United States. Defendants retaliated against Plaintiff for bringing lawsuit into Federal Court, by (1) ordering Plaintiff excluded from the Reservation with false charges and violated her due process by denying her the right to hearing to face her accuser and hear the complaint leveled against her; and (2) causing her arrest without a warrant or court order, based on a stale charge without probable cause which makes the arrest false; and (4) causing the unlawful detention of the Plaintiff; and (5) incarcerating Plaintiff, a nonmember, in the Tribal jail, overnight, thus, depriving Plaintiff of her personal liberty without jurisdiction; and (6) not allowing Plaintiff to talk to an attorney, and (7) holding Plaintiff in solitary confinement without being told of the charges or who made them, and (8) holding Plaintiff, a nonmember, overnight in a tribal facility and denying her benefit of counsel; and (9) dropping the charges and releasing Plaintiff without any explanation of the charges; and (10) Defendant Harold Brewer threatening Plaintiff not to return to the Reservation or she will be turned over to the FBI ; and, (11) making threats against tribal member, Leroy Waters, with whom Plaintiff lives, that if he brings Plaintiff back to his house, Defendant Harold Brewer would arrest Leroy and charge him with harboring a criminal; and (12) allowing Plaintiff only a short time to gather her papers and essentials, while the police forced her off the reservation where she had no home, no source of income, no car, in the middle of winter, all done without any orders or warrant, as Cecelia Fire Thunder is still under suspension: and (13) the Tribal Council aiding and abetting by not rescinding the illegal exclusion order earlier or at the time, and by allowing Plaintiff to be incarcerated and removed from her home.

2. The defendants actions against Plaintiff were part of a widespread patterns and practices of Tribal government to disrespect anyone who questions any of their spurious disregard of the law, contempt for civil rights, contempt for the Constitution of the United States, contempt for white people, while hiding under immunity and sovereignty.

3. The defendants violated Plaintiff Schmidt's rights under the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution; as well as the Tribal Code of Laws and Constitution. As a result of the defendants' unconstitutional and unlawful actions, Ms. Schmidt has suffered loss of income, has incurred medical expenses from having to lift and load items including her computer, which caused a ruptured hernia with ensuing complications, causing a life threatening condition requiring surgery. Ms. Schmidt has suffered and continues to suffer severe emotional distress and damage to her reputation. Ms. Schmidt has suffered a serious disruption in her civil rights activities for the Lakota people which was part of the reason the Tribal government is using any and all means possible to harm, damage, and get rid of Ms. Schmidt. She seeks a declaration that the defendants violated here rights and an award of damages.


Schreier’s statements that my complaints are “voluminous and without merit,” and that she will most likely rule against me, has inspired defendants Cecelia Fire Thunder to conspire with Chief Judge Lisa Adams to concoct a hearing in which they will go back into Lisa Cook’s ex parte ruling, to find some reason to legitimize it, to bring forth false accusations against me, and throw legitimacy on Fire Thunder and Judge Fast Horse illegitimate ex parte orders, through a trail of falsified evidence. Judge Scheier has inspired this sort of lawless, unconstitutional behavior by defendants, whom Scheier says “granting the TRO would harm the defendants [Cecelia Fire Thunder, Judge Marina Fast Horse, Harold Brewer, et.al.] more than Janis Schmidt.” Such bias ought to make any constitutionally minded person fall off their chair when they read that.

“Schmidt has sued the President and Vice President of the Oglala Sioux Tribe, a tribal judge and prosecutor, tribal council members, the chief of the tribal police force, and the government of the Oglala Sioux Tribe. Thus, it would be difficult it imagine a greater injury to tribal sovereignty than to grant this TRO, temporary restraining order. Because granting the TRO would harm defendants more than Schmidt, this factor weighs against granting the TRO.” This outrageous statement made by a federal judge who would deny protection to a civil rights leader, and furthermore, seek to prevent Plaintiff from recovering damages is flatout unconstitutional and treasonous. (copy of affidavit)

In other words, I was to be evicted from deeded land not owned by the complainant, by an ex parte order with ex parte attachments to seize my property, that the land at this point in time was not tribal land, that I was given no opportunity for a hearing, that I was not informed of the nature and cause of the charge, nor was I told who my accusers were, I was arrested, thrown in jail, while the defendants stole all my property. Came back to find some measure of justice, only to have OST President Cecelia Fire Thunder exclude me because she didn’t like the idea that I brought a lawsuit into Federal Court. And I still haven’t seen a courtroom or have a hearing, much less a fair hearing, clearly violations of the Fourth, Fifth, Sixth and Fourteenth Amendments, over which this Court has original jurisdiction, 28 USC 1331, and I am entitled to relief by U.S. statutes, 42 USC 1981, 1982, 1983, 1985, 1986, 1987, 1988. As a result, I was deprived of my way of life, liberty, and property without a hearing, clearly a violation of the Fifth and Fourteenth Amendments, and Federal Court has original jurisdiction over constitutional issue, jurisdiction through 28 USC 1331. And Judge Schreier is doing her utmost to keep my case from being heard at all.

The Supreme Court has ruled that after a party exhausts tribal court remedies, federal courts have jurisdiction under 28 U.S.C. § 1331 to determine whether a tribe has been divested of authority over the matter in issue. Because nonmembers generally argue that a tribal court has no jurisdiction over them, the only parties who may have difficulty establishing federal question jurisdiction are tribal members themselves. I was told that Indian tribes and tribal members do not have to obey Federal statutes, and that “The Fourteen Amendment does not apply to OST because they have sovereign immunity.” I have been repeatedly told that I am a white non-member and that I have no rights, and that constitutional rights do not apply on the Reservation. This is a question for this Court to decide. Does one lose their constitutional and civil rights when something happens to one who is a nonmember living on the Indian Reservation? It appears to me that by denying a temporary restraining order without a hearing and dismissing my lawsuit before I can present the facts in Court, denies me the right to be heard in any Court. It also does great harm to Lakotas who are seeking my help to find some measure of justice within the IRA tribal government, the Defendants, who do not represent the traditional Lakota people, like Cecelia Fire Thunder removing me because she wants to avoid a lawsuit, or because she wants an abortion clinic on the Pine Ridge Indian Reservation, or because she borrows millions of dollars and puts up Lakota people’s land as collateral, or because she is trying to dip into the Black Hills fund and tap those millions of dollars for herself. Because I and Robert Clifford, former owner and publisher of Black Hills Peoples News regularly wrote about these injustices inflicted upon the Lakota people, President Cecelia Fire Thunder ran us both off the reservation. I stayed to fight for my rights and for the rights of the poor Lakota people, and for doing this, Cecelia Fire Thunder intends to crush me.

Because I and Robert Clifford, former owner and publisher of Black Hills People’s News regularly wrote about these injustices inflicted upon the Lakota people, President Cecelia Fire Thunder ran us both off the reservation. I stayed to fight for my rights and for the rights of the poor Lakota people, and for doing this, Cecelia Fire Thunder intends to crush me. And Judge Schreier cannot find any First Amendment issues here.

Little did I know Cecelia Fire Thunder had filed 6 voluminous pleadings into court with attendant motions to dismiss and affidavits into federal court as part of record without notifying me of the content. Schreier made an immediate final judgment. I called the Clerk of Court and received for the first time, the motions and memoranda with attachments to dismiss on June 15, 2006. (copy enclosed) Under these bizarre set of circumstances, it would be patently absurd to appeal under such fraudulent conditions.

PETITION
My complaint is that a federal judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, and as such, cannot rule fairly or constitutionally on my cases. Due to the number of high positioned judicial and government officials involved in official misconduct and contempt of Oath of Office to uphold the US Constitution, I petition this 8th Circuit Court to remove Judge Karen Schreier from all my cases, and to insure justice, I request a change of venue to Bismarck, North Dakota, since I have proven bias and prejudice within the whole Federal District Courts against me, and will not receive a hearing on any of my cases, which is unconstitutional.

I petition this Court to uphold the Constitution and make a declaration that sovereign immunity is not a law, that the U.S. Constitution is the Supreme law of the land, and must be followed, especially by federal judges.

I petition this Court to apply all appropriate and proper procedure to censure and/or remove Karen Schreier from the Bench.

REASONS WHY THE WRIT SHOULD ISSUE

With the facts presented, it cannot be ignored that Judge Karen Schreier has obvious professional bias towards me, and, for personal and professional reasons.

1. I shall have no justice whatsoever on my claims in Court and justice will not be served without the intervention of the 8th Circuit Court.

2. The 8th Circuit needs to establish that the Constitution is still the Supreme law of the land, and that my 7th Amendment right to sue for damages will not be denied.

3. The 8th Circuit needs to restore confidence in the judicial system, that We the People have a fundamental right to be heard, and at least allow my cases to heard in an unbiased Court as is my right as a citizen of the United States. Without the intervention of the 8th Circuit, that will not happen.

4. The 8th Circuit needs to insure that federal judges will rule according to the Constitution and the law and cannot hide their rulings behind judicial immunity if those rulings do not adhere to the Constitution.

5. The 8th Circuit needs to establish that tribal governments and its courts need to obey the U.S. Constitution and it’s laws.

6. The 8th Circuit needs to rule on whether or not a nonmember living on an Indian Reservation has protected rights under the Constitution that must be recognized and protected.

7. The 8th Circuit needs to establish that a judge is obligated to conform to laws of the U.S. Constitution and obey, uphold and defend the rights enumerated in the U.S. Constitution.

8. Most of all, the 8th Circuit needs to restore public faith and confidence in the federal court system in South Dakota by removing its corrupt judges who use the Bench to hide past misdeeds, and to reassure the public that justice is still possible within the federal court system and that the Constitution is still the Supreme law of the land.

Respectfully submitted this 15th day of June, 2006.

Janis Schmidt
PO Box 252
Hay Springs, NE 69347