The Osage Nation sued the State of Oklahoma and Oklahoma Tax Commission officials seeking an injunction against the collection of state income taxes against Osage members in Osage Indian Country. The district court denied the state’s Eleventh Amendment motion to dismiss. The CA10 reversed as to the State, but very grudgingly affirmed as to the officials, relying on Ex parte Young.
Here are some of the materials (this case has been very slow in progressing, so some of the briefs are unavailable online):
First Oklahoma DCT Motion to Dismiss [unavailable]
Second Oklahoma DCT Motion to Dismiss [unavailable]
Osage CA10 Response Brief [unavailable]