Northern District of Oklahoma – Page 9

Hobia Cert Opposition Brief

July 15, 2015Matthew L.M. Fletcher

Here:

Hobia Cert Opp

Cert petition here.

Federal Court Affirms Oklahoma School’s Refusal to Allow Native High School Graduate to Wear Eagle Feather on Graduation Cap

May 21, 2015Matthew L.M. Fletcher1 Comment

Here is the order in Griffith v. Caney Valley Public Schools (N.D. Okla.):

22. Order and Opinion (5-20-15)

Prior materials here.

Magistrate Decision in Griffith v. Caney Valley Public Schools

May 20, 2015May 21, 2015Kate Fort2 Comments

In which the student is denied the right to wear an eagle feather on her graduation cap. Her graduation from Caney Valley Public Schools, which is just north of Tulsa, is tomorrow.

Recommendation

The School demonstrated that the graduation ceremony is a formal ceremony and that the unity of the graduating class as a whole is fostered by the uniformity of the caps which are the most prominently visible part of the graduation regalia viewed by the audience to the graduation. Prohibiting decoration of any graduation cap by any student for any purpose serves these legitimate interests. Based on the application of these established principles the undersigned finds that Plaintiff has not demonstrated a substantial likelihood of success on her First Amendment Free Exercise of Religion claim.

Plaintiff’s Motion and Brief

Defendant’s Motion and Brief

20. Objection to Report and Rec (5-20-15)

21. Defs Resp to Obj to RR (5-20-15)

Oklahoma v. Hobia Cert Petition

March 27, 2015Matthew L.M. Fletcher2 Comments

Here:

Petition for a Writ of Certiorari (as filed)

Question presented:

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;

• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials here.

Tenth Circuit Issues Amended Opinion in Oklahoma v. Hobia

December 23, 2014December 23, 2014Matthew L.M. Fletcher3 Comments

Here. Like its earlier decision, today’s amended opinion concludes that the district court erroneously granted the State’s request for a preliminary injunction and held that the State’s complaint, which alleged class III gaming activities on non-Indian lands, failed to state a claim under IGRA.

The Tenth Circuit also reiterated that arbitration provisions in the state’s gaming compact effectively barred Oklahoma from suing tribal officials in federal court for purported violations of the compact. The court remanded the matter to the Northern District of Oklahoma with instructions to vacate the preliminary injunction and to dismiss Oklahoma’s complaint with prejudice.

Also, the court denied the petition for en banc review.

Panel materials are here.

Federal Govt. Sues Osage Wind over Wind Energy Turbine Excavations

November 25, 2014Matthew L.M. Fletcher3 Comments

Here is the complaint in United States v. Osage Wind LLC (N.D. Okla.):

2 Complaint

An excerpt:

In this civil action, the United States seeks a preliminary and a permanent injunction and a declaratory judgment that the ongoing excavation activities of Osage Wind, LLC, Enel Kansas, LLC, and Enel Green Power North America, Inc. (collectively “Defendants”) in Osage County, Oklahoma, are unlawful and must be suspended until Defendants have obtained all requisite federal regulatory approvals and have entered into appropriate leases approved by the Secretary of the Interior (“the Secretary”).

Briefs in NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

November 13, 2014February 28, 2017Matthew L.M. Fletcher1 Comment

Here are selected materials so far in Donelson v. United States (N.D. Okla.):

46 First Amended Complaint

124 B&G Motion to Dismiss

136 Devon Motion to Dismiss

148 US Motion to Dismiss

162 Donelson Response to B&G Motion to Dismiss

163 Donelson Response to Devon Motion to Dismiss

166 Donelson Response to US Motion to Dismiss

170 B&G Reply

174 US Reply

175 Devon Reply

Update (2/28/17):

229 DCT Order Dismissing Claims

Tenth Circuit Reverses Oklahoma v. Hobia Relying on Bay Mills

November 10, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion:

CA10 Opinion

Lower court supplemental briefs here.

Briefs are here.

Lower court materials here.

Nonrecognized Cherokee Nation West Sues U.S. Army Corps over Religious Freedom

October 13, 2014Matthew L.M. Fletcher

Here is the complaint in Cherokee Nation West v. United States Army Corps of Engineers (N.D. Okla.):

1 Complaint

An excerpt:

Plaintiff seeks equal access to Fort Gibson Lake to hold a religious ceremony on November 7, 2014, March 2015 and on future dates. Although Fort Gibson Lake is open to the general public for indiscriminate use, the Defendants denied Plaintiff equal access to the public area of Fort Gibson Lake because Plaintiff wanted to hold a religious ceremony, and such ceremony was considered “sacrilegious” by the government Defendants.