SOUTH DAKOTA – The Cheyenne River Sioux Tribal Court has dismissed banishment violation charges against three tribal members, ruling that the banishment orders in their cases amounted to cruel and unusual punishment.
The Sept. 3 decision involved Emmett Traversie, Haiden Kenyon, and Samuel Hanson, who had previously been convicted of methamphetamine-related offenses and were later arrested for allegedly returning to the reservation in violation of banishment orders.
Associate Tribal Judge Lacy Neuenfeldt found the banishments effectively served as lifetime bans and were unconstitutional as applied in these cases, citing the impact of separating the individuals from their homes and families.
The tribe adopted its methamphetamine banishment law in 2016 as a public safety measure. The policy allows those convicted of meth distribution to petition for reinstatement after five years if they can demonstrate rehabilitation.
Tribal Chairman Ryman LeBeau said the tribe respects the court’s independence and will continue efforts to combat methamphetamine trafficking and support those struggling with addiction.
The rulings can be appealed to the Cheyenne River Sioux Tribal Court of Appeals. Tribal officials also noted that two of the defendants were later arrested on unrelated allegations. Those allegations remain pending, and both men are presumed innocent unless proven guilty.
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