"Furthermore, even assuming he has shown the requisite force, Ducheneaux cannot show that any such force was 'unlawful.' Laws govern the actions or inactions of people, not medical conditions."
I translate: "It's not "unlawful" for anythin' 'round these parts to kill an Indian. We sure's hell cain't do nuthin' 'bout diseases and shit."
Yeah, you could. You could get the fuck out of the way.
http://www.sdjudicial.com/sc/scopiniondetail.aspx?ID=1203
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