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U.S. Department of Justice Supports Mvskoke Nation in Tulsa suit

DOJ files motion to intervene in lawsuit over post Hooper arrests

by Jerrad Moore
May 16, 2024
in Featured, Home Feature, National, News
1
U.S. Department of Justice Supports Mvskoke Nation in Tulsa suit

The United States Department of Justice recently filed a motion to intervene in the Muscogee (Creek) Nation v. Tulsa lawsuit. The suit revolves around the issue of jurisdiction in prosecuting Native Americans who commit crimes within the City of Tulsa, which is located within the Muscogee (Creek) Nation Reservation. (Jerrad Moore/MM)

TVLSE, Oklv. – On November 15, 2023, the Muscogee (Creek) Nation filed suit against the city of Tulsa for continuing to assert criminal jurisdiction over Native Americans on the Mvskoke reservation. On May 13 the United States filed a motion to intervene in the case, supporting the MCN.

According to the filing,

“This case involves Tulsa’s continued assertion of criminal jurisdiction, without congressional authorization, over Indians for conduct occurring within the boundaries of the Muscogee (Creek) Reservation. Tulsa’s assertion of such jurisdiction violates fundamental principles of federal Indian law deeply rooted in the United States Constitution. The longstanding rule – recently reiterated in McGirt v. Oklahoma, is that the states and their political subdivisions lack criminal jurisdiction over Indians in Indian country absent congressional authorization. Because Congress has not authorized Oklahoma or Tulsa to exercise such jurisdiction, that rule applies with full force here.”

The motion seeks a declaration that Tulsa lacks criminal jurisdiction over Native Americans within the Mvskoke Reservation and Tulsa’s assertion of jurisdiction violates federal law. In addition, the filing requests that Tulsa be permanently enjoined from asserting criminal jurisdiction and prosecuting Native Americans on the reservation absent authorization from congress.

Mvskoke Media will have ongoing coverage of this developing story.

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Jerrad Moore

Jerrad Moore

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Comments 1

  1. Steven Osbu says:
    12 months ago

    But Creek Nation abd Chdrokee Nation chiefs signed cross -deputization agreements with Tulsa. I’m totally against oklajoma having any jurisdiction over tribal members. Will this decision void those agreements? I sure hope it does.

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