808 F. Supp. 2d 1310
E.D. Okla.2011Background
- Petitioners, individuals charged with theft-related crimes in Muscogee (Creek) Nation tribal court, seek TRO and preliminary injunction.
- Crimes alleged to have occurred on fee land, not trust land, within Muscogee (Creek) Nation jurisdiction.
- Petitions were denied in tribal district court; habeas corpus denied by tribal appellate court; appeals and stay pending.
- Trial date scheduled for April 25, 2011; tribal appellate court had not ruled on all relief petitions.
- Respondents seek to continue trials; petitioners argue tribal court lacks jurisdiction over crimes outside Indian country.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tribal court has jurisdiction over crimes outside Indian country | Petitioners argue no tribal jurisdiction beyond Indian country. | Moore/Wiemer/Moore contend MCNCA defines jurisdiction broadly to include such crimes. | Injunction granted; tribal jurisdiction limited by federal statute. |
| Whether petitioners exhausted tribal remedies | Petitioners exhausted by habeas, appeal, and stay requests. | Respondents maintain exhaustion requirement not satisfied yet. | Exhaustion adequate; tribal remedies pursued and denied. |
| Whether irreparable harm supports a TRO/preliminary injunction | Irreparable harm from potential improper jurisdiction and trial delay. | Delay and potential harm to respondents argued as irreparable not shown. | Irreparable harm found; delay constitutes extraordinary circumstance. |
| Whether the public interest favors relief | Delaying discrete criminal trials serves public interest by proper jurisdiction. | Public interest favors prompt trials where jurisdiction exists. | Public interest not harmed by delay; relief granted. |
Key Cases Cited
- Prairie Band of Potawatomi Indians v. Pierce, 253 F.3d 1234 (10th Cir. 2001) (balance factors govern preliminary injunctions when meriting questions exist)
- Gilliam v. Foster, 75 F.3d 881 (4th Cir. 1996) (irreparable harm not shown by single prosecution absent extraordinary circumstance)
- Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (U.S. 1973) (dissent cited re Younger doctrine and jurisdictional concerns)
- United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005) (definition of Indian country; §1152/1153 scope)
- Nevada v. Hicks, 533 U.S. 353 (U.S. 2001) (§1152/1153 apply only to crimes in Indian country)