Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisc. v. State of Wisc.

Dist. Ct. erred in denying plaintiffs-Native American Tribes’ motion under Rule 60 (b0(5) to relieve them from 1991 final judgment in action in which plaintiffs unsuccessfully challenged state statute that prohibited members of Tribes from hunting deer at night on land outside of Tribes' reservations that Tribes had ceded to U.S. govt. in 1800s. Plaintiffs supported motion by arguing that additional deer meat was needed for subsistence and religious purposes due to increased unemployment and health issues facing Tribe members, and record did not support defendant’s claim that: (1) night-time deer hunting ban was necessary measure to protect public safety; or (2) said ban was least restrictive alternative to accomplish public health and safety. Ct. remanded matter to allow defendant opportunity to submit additional evidence to support its claim that night-time deer hunting posed serious safety problem that would justify continuation of 1991 judgment.