Eastern District of Oklahoma – Page 3

The court concluded that the Muscogee District Court had no jurisdiction to prosecute tribal members for theft against the tribal government because the crime did not occur in Indian country (which until recently would have been considered preposterous).

This case implicates two important issues (one at Muscogee and one involving many Oklahoma tribes). The first is the continuing dispute over the tribal district court at Muscogee (see our posts here and here). The other involves Indian Country in Oklahoma, the subject of a cert petition involving the Supreme Court (most recent post here).

Muscogee Challenges to Oklahoma’s Enforcement of Tobacco Master Settlement Agreement Rejected

January 4, 2011January 4, 2011Matthew L.M. Fletcher1 Comment

Here is the opinion in Muscogee (Creek) Nation v. Henry (E.D. Okla.):

Muscogee v Henry

Russell v. Pyle — IFP Claim against Choctaw Nation Dismissed Sua Sponte

November 22, 2010Matthew L.M. Fletcher

Here is the opinion: Russell v Pyle.

Trust Accounting Case re: Alabama Quassarte Tribal Town

September 30, 2010Matthew L.M. Fletcher

Here is the opinion in Alabama-Quassarte Tribal Town v. United States (E.D. Okla.): Alabama-Quassrte Tribal Town v. United States. The court denied the government’s motion for summary judgment.

An excerpt:

In its Complaint, Plaintiff requests: (1) a declaratory judgment that the Defendants have failed to fulfill the legal obligations and duties as trustee by, among other things, failing to provide the Plaintiff with a full accounting of the Plaintiff’s trust funds and by failing to assign the Wetumka Project lands as originally intended and as Congress had envisioned through the Oklahoma Indian Welfare Act of June 26, 1936, 25 U.S.C. §§ 501, et seq. (hereinafter “OIWA”); and (2) an injunction compelling the Department of the Interior Defendants to make the assignment to the Plaintiff of trust lands owed under the OIWA and to provide the Plaintiff with a full and complete accounting of all of the Plaintiff’s trust funds and assets.

On November 17, 2008, the court granted Defendants’ motion for partial judgment on the pleadings as to the Wetumka Project lands and dismissed those claims. Docket No. 50. The only claims remaining are the trust accounting claims. Plaintiff still seeks a full and complete accounting of its trust funds and assets.

Federal Court Finds Tribal Pension Plan Fits Within ERISA Governmental Plan Provision

May 21, 2010Matthew L.M. Fletcher

Here are the materials in Stopp v. Mutual of Omaha (E.D. Okla.):

DCT Order Granting Stopp Motion

Stopp Motion for Summary Judgment

Mutual of Omaha Response to Stopp Motion for Summary Judgment

Stopp Response to Mutual of Omaha Motion for Summary Judgment

Looks like the insurance company is the bad guy in this one.

Muscogee (Creek) Nation Motion to Enjoin Enforcement of Tobacco Master Settlement Agreement is Denied

March 24, 2010Matthew L.M. Fletcher

The complaint in Muscogee (Creek) Nation v. Henry is posted here.

Preliminary injunction materials here:

DCT Order Denying Muscogee Motion

Muscogee Motion for Preliminary Injunction

OTC Response

Henry Response

Edmonson Response

Muscogee Reply to OTC

Muscogee Reply to Henry

Muscogee Reply to Edmonson

Muscogee (Creek) Nation Challenges Oklahoma’s Application of the Tobacco Litigation Master Settlement Agreement

January 29, 2010Matthew L.M. Fletcher1 Comment

This is definitely a case to watch:

Muscogee v. Henry Complaint

News article here, via Pechanga.

United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds

June 2, 2009Matthew L.M. Fletcher

Here are the materials over this dispute where the IHS transferred an Indian health facility to the Cherokee Nation, over United Keetoowah’s objections. The case is United Keetoowah Band v. Kempthorne (E.D. Okla.).

United States Motion to Dismiss

UKB Response Brief

United States Reply Brief

United Keetoowah v Kempthorne DCT Order