STEIDLEY v. SINGER
2017 OK 8
| Okla. | 2017Background
- Plaintiffs (three prosecutors) sued several private citizens in Rogers County in Oct–Nov 2013, alleging the defendants filed a grand jury petition containing false and reckless allegations.
- The grand jury petition was approved for circulation in August 2013; plaintiffs amended their petition November 2013.
- While the suit was pending, the Oklahoma Citizens Participation Act (OCPA), 12 O.S. Supp. 2014 §§1430 et seq., was (re)enacted and became effective Nov. 1, 2014.
- The OCPA allows an early motion to dismiss for suits “based on, related to or in response to” exercise of free speech, petition, or association, suspends discovery, and shifts burdens to plaintiffs to produce clear and specific evidence.
- After answers were filed, defendants moved to dismiss under the OCPA; the trial court denied the motion as inapplicable retroactively. The Court of Civil Appeals affirmed; the Supreme Court granted certiorari to decide retroactivity.
- The Oklahoma Supreme Court held the OCPA does not apply retroactively to this case, relying on Art. 5, §54 and recent precedent that mature accrued rights are protected from after-enacted statutory changes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the OCPA applies retroactively to suits filed before Nov. 1, 2014 | Steidley: OCPA should not apply; plaintiffs have matured accrued rights protected from retroactive legislative change | Defendants (citizens): OCPA applies to pending suits and mandates dismissal under its procedures | Court: OCPA does not apply retroactively; must be applied prospectively to actions filed after effective date |
Key Cases Cited
- King Mfg. v. Meadows, 127 P.3d 584 (Okla. 2005) (retroactivity analysis protecting accrued rights)
- Cole v. Silverado Food, Inc., 78 P.3d 542 (Okla. 2003) (statutory change and retroactivity principles)
- Williams Companies, Inc. v. Dunkelgod, 295 P.3d 1107 (Okla. 2012) (interpretation of procedural vs. substantive effect of statutes)
- Forest Oil Corp. v. Corp. Comm'n of Oklahoma, 776 P.2d 847 (Okla. 1990) (accrued rights and effect of subsequent legislative changes)