Andrew Wendell Bogue
Judge Bogue no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bogue decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Bogue treated common sense and the shipment’s actual physical condition as controlling over a later intended use.
“This fact situation is to be governed by the ordinary rules of common sense”
He required substantial evidence and nonarbitrary agency reasoning without substituting his own preferred personnel decision.
“It is unimportant whether this Court agrees with the agency’s decision to release the Plaintiff.”
Procedural preferences
Claims dependent on tribal law were directed first to tribal court absent exceptional prejudice.
“Questions of this nature should, in the absence of exceptional circumstances not presented here, be presented to the Tribal Court.”
Witness statements became discoverable after depositions showed that equivalent information was unavailable without hardship.
“Plaintiffs have established both a substantial need for the statements in question and also that the substantial equivalent of these statements cannot be obtained without undue hardship.”
Cautions
A dismissal motion could not eliminate indemnity allegations if any conceivable proven facts would support recovery.
“the claims may be dismissed only if no set of facts could conceivably be proved which would entitle the claimants to relief.”
He would not abstain from diversity jurisdiction without the clearest justification.
“we have an affirmative duty to exercise that jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant is entitled to recover its reasonable attorney’s fees and costs to be taxed pursuant to statute.”
“For the reasons set forth below, Plaintiffs’ Motion will be granted.”
“Section 26-8-23, which permits the state to incarcerate juveniles fifteen and older without a hearing, unquestionably violates this constitutional mandate.”
“the death of Mr. Juhnke, was outside the scope of the risk contemplated by the terms ‘entering’ or ‘riding in’ a private passenger auto.”
“do not conform to constitutional standards and therefore must be declared invalid.”
“This Court being without subject matter jurisdiction, this action must therefore be dismissed.”
The court approved notice explaining class members’ rights to participate, retain counsel, or opt out. The notice stated: “You will be deemed a party to the action and will be bound by the result, whether favorable or unfavorable unless on or before April 29, 1974, you mail to the Clerk of Courts in Rapid City, South Dakota, a written request to be excluded from the class in this lawsuit.”
“Defendants shall be permanently enjoined from refusing to register the plaintiff and members of his class”
“the plaintiff’s application for a preliminary injunction is hereby granted.”
“this Court has no jurisdiction to hear the removal petition and therefore the petition is denied.”
“the requests of Angie Long Visitor, Ivis Long Visitor, and Joanna LeDeaux for bail pending appeal should be and hereby is denied.”
The minor’s interests and the medical risks required appointment of a guardian before the action could proceed. The court directed “the making of an application to this Court for an appointment of a guardian ad litem for plaintiff herein not later than March 15, 1976.”
Caseload & timing
From public federal docket records for this judge.
The publication-selected decisions do not establish the distribution of Bogue’s full caseload.
A historical record
Judge Bogue no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.