Federal Court Denies Injunction in Muscogee Cigarette Seizure Case

Matthew L.M. Fletcher

Thanks to Mike for this. Here’s a news article on this case.

A federal court dismissed a request for an injunction against the Oklahoma Tax Commission for seizing tobacco products owned by the Muscogee (Creek) Nation. State law enforcement had seized the smokes on some pretty spurious grounds, pulling the trucks over for “weaving” and “following too close” (not texting!?!). The court rejected most of the Commission’s defenses, including standing and sovereign immunity, but dismissed the claim on the basis that Indian tribes are not “persons” that can sue under Section 1983, per Inyo County.

Sounds to us like a Section 1983 legislative “fix” is in order, too, like all the other problems created by the Supreme Court in the last decade.

Muscogee Injunction DCT Order

More later.

One thought on “Federal Court Denies Injunction in Muscogee Cigarette Seizure Case”

  1. Pingback: Tenth Circuit Affirms Dismissal of Muscogee (Creek) Tax Case under Eleventh Amendment « Turtle Talk

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