City of Henryetta ordered to stop prosecutions of Native Americans

OKMULGEE – United States Magistrate Judge Jason A. Robertson issued his opinion and order granting a preliminary injunction in Muscogee (Creek) Nation v City of Henryetta on May 13. The case was filed by the MCN on July 8, 2025.

MCN vs City of Henryetta was filed as a result of the city’s continued prosecution of MCN citizens after the McGirt decision. According to the complaint, the MCN Attorney General, Geri Wisner, contacted the Henryetta City Attorney regarding the ongoing prosecutions and was told the city’s position was that it had jurisdiction over Native Americans regardless of the McGirt decision.

The opinion and order grants the MCN’s request for a preliminary injunction. According to the order:

The Nation asked only that the Constitution be enforced. That is the only request this Court can grant.

This injunction draws no new line. It enforces the one Congress already drew.

IT IS THEREFORE ORDERED that Plaintiff Muscogee (Creek) Nation’s Motion for Preliminary Injunction (Docket No. 11) is GRANTED.

IT IS FURTHER ORDERED that the City of Henryetta, Oklahoma, and all its officers, agents, and employees are ENJOINED from initiating, pursuing, or enforcing any municipal criminal prosecution or citation against any Indian, whether or not a member of the Muscogee (Creek) Nation, for conduct occurring within the boundaries of the Muscogee (Creek) Reservation, until further Order of this Court. This injunction applies to prosecutions under both state and municipal ordinances, including traffic, misdemeanor, and code violations.

Nothing in this Order precludes Henryetta from entering or executing a lawful cross-deputization agreement with the Muscogee (Creek) Nation or from cooperating in investigations consistent with federal and tribal law. The Court retains jurisdiction to monitor compliance and to modify this injunction as justice requires.