Osage Nation v. Oklahoma – CA10

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):

Osage Nation Amended Complaint

First Oklahoma DCT Motion to Dismiss [unavailable]

First Osage DCT Brief in Response to Motion to Dismiss

Second Oklahoma DCT Motion to Dismiss [unavailable]

Second Osage DCT Brief in Response to Motion to Dismiss

Oklahoma DCT Reply Brief in Support of Motion to Dismiss

DCT Order Denying Motion

Oklahoma CA10 Opening Brief

Osage CA10 Response Brief [unavailable]

Oklahoma CA10 Reply Brief

CA10 Opinion Aff’g and Rev’g