Richard Howard Battey (October 16, 1929 – May 6, 2017) was a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

of the

United States District Court for the District of South Dakota The United States District Court for the District of South Dakota (in case citations, D.S.D.) is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of ...

Education and career

Battey was born in

Aberdeen Aberdeen (; sco, Aiberdeen ; gd, Obar Dheathain ; la, Aberdonia) is a city in North East Scotland, and is the third most populous city in the country. Aberdeen is one of Scotland's 32 local government council areas (as Aberdeen City), ...

South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...

. After attending the

University of South Dakota The University of South Dakota (USD) is a public research university in Vermillion, South Dakota. Established by the Dakota Territory legislature in 1862, 27 years before the establishment of the state of South Dakota, USD is the flagship univ ...

in 1950, he received a

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...

from the

University of South Dakota School of Law The University of South Dakota School of Law also known as University of South Dakota Knudson School of Law or USD Law in Vermillion, South Dakota, United States, is a professional school of the University of South Dakota and the only law school in ...

in 1953. After serving as a

United States Army The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...

Lieutenant from 1953 to 1955, he went into private practice in Redfield, South Dakota from 1955 to 1985.

Federal judicial service

Battey was nominated to be a United States District Judge of the

by Ronald Reagan on September 27, 1985. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and ...

on October 25, 1985, and received his commission on October 28, 1985. He served as Chief Judge from 1994 to 1998. He assumed

senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...

on January 1, 1999, serving in that status until his death.

'Sue' dinosaur fossil dispute

Battey is known for being the presiding judge in the dispute over the recovery fossil remains on Federal lands including by the Sue discoverer Peter Larson and

Black Hills Institute of Geological Research The Black Hills Institute of Geological Research, Inc. (BHI) is a private corporation specializing in the excavation and preparation of fossils, as well as the sale of both original fossil material and museum-quality replicas. Founded in 1974 and b ...

paleontologists. Following a trial on charges unrelated to the "Sue" ''T. rex'' find, Larson was convicted of two felonies and two misdemeanors, charges which some considered politically motivated. Battey sentenced Larson to two years in federal prison. In 2015, South Dakota lawmakers have petitioned

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...

for a formal full pardon of Larson. Battey is portrayed in a negative light for his handling of Sue Dinosaur Case in the

Sundance Film Festival The Sundance Film Festival (formerly Utah/US Film Festival, then US Film and Video Festival) is an annual film festival organized by the Sundance Institute. It is the largest independent film festival in the United States, with more than 46,6 ...

Documentary '' Dinosaur 13''.

Notable law clerks

Among Battey's notable judicial law clerks were David Lust and

Marty Jackley Martin J. Jackley (born October 13, 1970) is an American attorney and politician who is currently serving as the Attorney General of South Dakota since 2023, having previously served from 2009 to 2019. He assumed office as Attorney General again ...

Death

Richard Battey died in

Alexandria Alexandria ( or ; ar, ٱلْإِسْكَنْدَرِيَّةُ ; grc-gre, Αλεξάνδρεια, Alexándria) is the second largest city in Egypt, and the largest city on the Mediterranean coast. Founded in by Alexander the Great, Alexandr ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the List of U.S. states and territories by population, 22nd most populous, with over 5.75 million residents. Minne ...

on May 6, 2017.

References

Sources

* {{DEFAULTSORT:Battey, Richard 1929 births 2017 deaths University of South Dakota alumni Judges of the United States District Court for the District of South Dakota United States district court judges appointed by Ronald Reagan 20th-century American judges United States Army officers People from Aberdeen, South Dakota People from Redfield, South Dakota People from Alexandria, Minnesota University of South Dakota School of Law alumni