NDN Legal Fund

On July 4th, 2023, the Indigenous community in Mni Luzuhan (Rapid City, SD) will march and take a stand against police brutality in the March Toward Justice. Although it’s a day of fireworks, parades, and BBQs for many, the 4th of July celebration is painful to Indigenous peoples. So-called Independence Day grossly ignores the injustices, genocide, and systemic racism that were inflicted upon Indigenous peoples in the founding of the United States and that continue to this day.

The March Toward Justice unites diverse communities, organizations, and individuals to eradicate police brutality, dismantle the school-to-prison pipeline, and advocate for justice, equality, and fair treatment for all. The systemic injustices that are happening to Indigenous people on Oceti Sakowin sacred lands in South Dakota are immense:

  • From 2001-2023 there have been 79 police-involved shootings statewide, 0 convictions of police officers. 75% of the fatal shooting victims were Indigenous People.
  • To avoid accountability when they shoot someone, South Dakota police hide behind Marsy’s law and invoke victims’ rights, which prevents a meaningful investigation of whether the officer’s use of deadly force was justified. This is an abuse of that Constitutional amendment.
  • Indigenous People are just 10% of the population of South Dakota, but they make up 51% of the prison population.
  • Rapid City Area Schools (RCAS) has over 3,000 Indigenous students, and the most heavily disciplined students are Indigenous: 100% of school expulsions are Indigenous students.

The LANDBACK movement is crucial to Indigenous people’s futures and we need your support now more than ever. Together we can ensure the demands of the community are heard and community-led solutions to address biased disparities are implemented.

About

About the Fund

The NDN Legal Fund’s mission is to:

Protect our people through both offensive and defensive legal representation in the courts. We fully recognize that non-violent direct action and civil disobedience are fundamental revolutionary tools for the liberation of Indigenous People, our lands and all people. Therefore this fund is dedicated to providing duty of care for individuals and partners that engage in actions, protest and cultural activities affiliated with NDN Action Network and its related entities and subsidiaries.

Along with protecting the individuals who have taken action in partnership with NDN, this fund is also used to protect the organization itself from attacks from the local, state and federal government who wish to silence our leaders, jail our people and deter our movement from its goals. We understand that we are doing very important system change work in an era where there is a full on proactive assault on the right to protest and free speech. In almost every single region in which NDN works and supports the movement there are anti-protest laws in place as an attempt to prevent us from mobilizing our communities and people. Yet we take the risk and continue to organize in these conditions because the very survival of our people and nations are at stake. This legal fund works to ensure proper legal representation whether it be criminal or civil matters. The multiple jurisdictions that zig zag through the Indigenous world include Tribal, County,City, State, Federal and International jurisdictions. This fund will be used in whatever jurisdictions are necessary to protect our people, our organization and our movement.

Our Demands

Together we can ensure the demands of the community are heard and community-led solutions to address biased disparities are implemented.

We present our demands, which we consider vital steps toward achieving accountability and ending violence against Indigenous peoples:

End the killing of Indigenous people by the police: Indigenous communities have disproportionately suffered from police violence. We demand immediate action to put an end to these injustices and ensure the safety and well-being of Indigenous people at the hands of law enforcement

An immediate civil rights investigation of the Rapid City Police Department and Pennington County Sheriff's Office: Indigenous communities across the United States have long endured systemic discrimination and disproportionate targeting by law enforcement agencies. The reported incidents and documented cases of over-criminalization and racial bias against Indigenous people in Rapid City and Pennington County raise serious concerns about the violation of civil rights, equal protection, and due process.

Release all body camera footage: We demand that all body camera footage be released to the public within seven days of any incident involving police violence. Transparency and accountability are crucial in building trust between law enforcement and the community they serve.

Removal of School Resource Officers (SROs): We advocate for the immediate removal of School Resource Officers from all public schools. Instead, we propose alternative approaches that prioritize restorative justice practices, mental health support, and counseling services to ensure a safe and nurturing educational environment for our youth.

Rescind SB4: We urge the repeal of SB4, which criminalizes youth. Instead of punitive measures, we believe in investing in rehabilitation, education, and mentorship programs that can address the underlying causes of youth involvement in crime.

Defund the Police and Increase Community Controlled Education Programming and Funding: We advocate for reallocating resources from law enforcement agencies to community-controlled education programs. Investing in education, particularly in underserved communities, can help create opportunities, prevent crime, and build a safer society for everyone.

Third-party investigations of police and sheriff's office: To ensure unbiased and independent investigations into incidents involving law enforcement, we demand the establishment of third-party mechanisms for oversight and accountability.

Duty of care and support

Eligible Activities and Expenses of this Fund include

Bail and Bond Funds

Jail Support

Legal fines, fees and dues

Travel Support for individuals arrested or facing prosecution

Attorney Fees

Attorney expenses

Expert Witnesses

Video & Photo Cataloging and Organization

Meals, lodging and medical support for arrestees

Mobilization and organizing for trials associated with arrest or court proceedings

Mental Health Support for arrestees

Spiritual and Cultural Support for arrestees

Hiring Legal organizers, database managers and coordinators for small and mass arrest situations

Hiring Lawyers and attorneys to represent NDN Collective as an organization

Hiring Lawyers and attorneys to represent NDN partners and collaborators

Communications, Outreach and Marketing strategies consistent with the offensive and defensive legal strategies

Legal Strategy and Coordination convenings

Joint representation agreements

Pro Hac Vice Coordination

Volunteer Coordination

Legal Database Build out and maintenance

Transportation services

Other arrestee support services

Civil Litigation

Criminal Litigation

Passport, Green Card and work permit fees for international arrestees

Bookkeeping, Bank Fees, Administrative cost associated with management of fund and arrestee support.

NDN Legal Fund

NDN Action Network is an entity that advances the rights of Indigenous Peoples and the environment through direct action, policy, and lobbying efforts.

For more information reach out to our Legal Coordinator: Bre Jackson Bre@NDNActionNetwork.org.