STEIDLEY v. SINGER
2017 OK 8
| Okla. | 2017Background
- In Oct 2013 three prosecutors (Steidley, Iski, Lair) sued several private citizens, alleging the citizens filed a grand-jury-petition containing false and reckless accusations.
- The grand-jury petition was filed/approved in Aug 2013; the plaintiffs amended their petition in Nov 2013.
- Defendants answered and, after the case remained pending, the Oklahoma Citizens Participation Act (OCPA) was substantially rewritten and became effective Nov 1, 2014.
- The OCPA permits an early motion to dismiss suits that are based on petitioning, speech, or association, suspends discovery, and shifts costs/fees to prevailing movants.
- Defendants moved to dismiss under the OCPA; the trial court denied dismissal as inapplicable retroactively; the Court of Civil Appeals affirmed. Supreme Court granted certiorari to decide retroactivity.
- The Supreme Court held the OCPA does not apply retroactively and affirmed the lower courts, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the OCPA applies retroactively to suits filed before its effective date | OCPA should not apply retroactively; applying it would impair matured rights and change substantive remedies | OCPA applies to pending cases and defendants are entitled to dismissal under its provisions | The OCPA does not apply retroactively; it must be applied prospectively to actions filed after Nov. 1, 2014 |
Key Cases Cited
- King Mfg. v. Meadows, 127 P.3d 584 (Okla. 2005) (discusses limits on retroactive statutory changes to vested rights)
- Cole v. Silverado Food, Inc., 78 P.3d 542 (Okla. 2003) (addresses effect of legislative change on accrued rights and proceedings)
- Williams Companies, Inc. v. Dunkelgod, 295 P.3d 1107 (Okla. 2012) (analyzes distinction between procedural and substantive statutory changes for retroactivity)
- Forest Oil Corp. v. Corp. Comm'n of Oklahoma, 807 P.2d 774 (Okla. 1990) (holds repeal or amendment cannot affect accrued rights or pending proceedings in certain circumstances)
