STEIDLEY v. SINGER
389 P.3d 1117
| Okla. | 2017Background
- In Oct 2013 plaintiffs (Rogers County DA Janice Steidley and two assistant DAs) sued several private citizens alleging a circulated grand-jury petition filed Aug 26, 2013 contained false, reckless allegations of criminal and civil misconduct.
- Rogers County court approved grand-jury petition for circulation Aug 29, 2013. Plaintiffs amended their petition Nov 2013.
- Defendants filed answers; while the case was pending, the Oklahoma Citizens Participation Act (OCPA), 12 O.S. Supp. 2014 §§ 1430–1440, effective Nov 1, 2014, was re-enacted/revised.
- The OCPA permits an early motion-to-dismiss for suits ‘‘based on, relating to or in response to’’ exercise of free speech, petition, or association, suspends discovery, and authorizes fee-shifting and sanctions.
- Defendants moved to dismiss under the OCPA; trial court denied the motion (Nov 16, 2015), holding the OCPA does not apply retroactively. Court of Civil Appeals affirmed. Oklahoma Supreme Court granted certiorari to resolve 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 to suits filed before its effective date (retroactivity) | OCPA cannot be applied to this pre‑existing suit; retroactive laws cannot impair accrued rights | OCPA should apply and permit dismissal of the pending suit under its procedures | OCPA does not apply retroactively; statutes affecting substantive rights apply prospectively only |
Key Cases Cited
- Anagnost v. Tomecek, 390 P.3d 707 (Okla. 2017) (state constitutional protection against retroactive impairment of accrued rights; substantive-change rule)
- King Mfg. v. Meadows, 127 P.3d 584 (Okla. 2005) (retroactivity principles)
- Cole v. Silverado Food, Inc., 78 P.3d 542 (Okla. 2003) (statutory change and accrued rights analysis)
- Williams Cos., Inc. v. Dunkelgod, 295 P.3d 1107 (Okla. 2012) (retroactivity and substantive effect of legislation)
- Forest Oil Corp. v. Corp. Comm'n of Okla., 807 P.2d 774 (Okla. 1990) (accrued rights and effect of later statutes)