Pickup v. Dist. Court of Nowata Cnty.

• Decision Date: 31 January 2023
• Docket Number: CIV 20-0346 JB/JFJ
• Parties: TAYLEUR RAYE PICKUP; CHANDA LYNELLE BUTCHER; LINDSEY REANNA BUTCHER; CRYSTAL LEE LEACH; SHYANNE NICOLE SIXKILLER, and others similarly situated, Plaintiffs, v. DISTRICT COURT OF NOWATA COUNTY, OKLAHOMA; DISTRICT COURT OF WASHINGTON COUNTY, OKLAHOMA; DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA; DISTRICT COURT OF CRAIG COUNTY, OKLAHOMA; DISTRICT COURT OF MAYES COUNTY, OKLAHOMA; DISTRICT COURT OF ROGERS COUNTY, OKLAHOMA; KEVIN BUCHANAN, District Attorney of Nowata and Washington Counties, Oklahoma, in his official capacity; KENNY WRIGHT, District Attorney of Delaware County, Oklahoma, in his official capacity; MATT BALLARD, District Attorney of Craig, Mayes, and Rogers Counties, Oklahoma, in his official capacity; STEVE KUNZWEILER, District Attorney of Tulsa County, Oklahoma, in his official capacity; APRIL FRAUENBERGER, Court Clerk of Nowata County, Oklahoma, in her official capacity; JILL SPITZER, Court Clerk of Washington County, Oklahoma, in her official capacity; CAROLINE WEAVER, Court Clerk of Delaware County, Oklahoma, in her official capacity; DEBORAH MASON, Court Clerk of Craig County, Oklahoma, in her official capacity; JENNIFER CLINTON, Court Clerk of Mayes County, Oklahoma, in her official capacity[1]; CATHI EDWARDS, Court Clerk of Rogers County, Oklahoma, in her official capacity; DON NEWBERRY, Court Clerk of Tulsa County, Oklahoma, in his official capacity; TOWN OF ADAIR, OKLAHOMA; CITY OF BARTLESVILLE, OKLAHOMA; TOWN OF BIG CABIN, OKLAHOMA; TOWN OF BLUEJACKET, OKLAHOMA; CITY OF CATOOSA, OKLAHOMA; TOWN OF CHELSEA, OKLAHOMA; TOWN OF CHOTEAU, OKLAHOMA; CITY OF CLAREMORE, OKLAHOMA; CITY OF COLLINSVILLE, OKLAHOMA; TOWN OF COPAN, OKLAHOMA; CITY OF DEWEY, OKLAHOMA; TOWN OF DISNEY, OKLAHOMA; CITY OF GROVE, OKLAHOMA; CITY OF JAY, OKLAHOMA; TOWN OF KANSAS, OKLAHOMA; TOWN OF LANGLEY, OKLAHOMA; TOWN OF LOCUST GROVE, OKLAHOMA; CITY OF NOWATA, OKLAHOMA; TOWN OF OOLAGAH, OKLAHOMA; CITY OF OWASSO, OKLAHOMA; CITY OF PRYOR, OKLAHOMA; TOWN OF RAMONA, OKLAHOMA; TOWN OF SALINA, OKLAHOMA, TOWN OF SOUTH COFFEYVILLE, OKLAHOMA; TOWN OF SPAVINAW, OKLAHOMA; TOWN OF STRANG, OKLAHOMA; TOWN OF TALALA, OKLAHOMA; TOWN OF VERDIGRIS, OKLAHOMA; CITY OF VINITA, OKLAHOMA; TOWN OF WARNER, OKLAHOMA; TOWN OF WEST SILOAM SPRINGS, OKLAHOMA, Defendants.
• Court: U.S. District Court — Northern District of Oklahoma

TAYLEUR RAYE PICKUP; CHANDA LYNELLE BUTCHER; LINDSEY REANNA BUTCHER; CRYSTAL LEE LEACH; SHYANNE NICOLE SIXKILLER, and others similarly situated, Plaintiffs,
v.
DISTRICT COURT OF NOWATA COUNTY, OKLAHOMA; DISTRICT COURT OF WASHINGTON COUNTY, OKLAHOMA; DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA; DISTRICT COURT OF CRAIG COUNTY, OKLAHOMA; DISTRICT COURT OF MAYES COUNTY, OKLAHOMA; DISTRICT COURT OF ROGERS COUNTY, OKLAHOMA; KEVIN BUCHANAN, District Attorney of Nowata and Washington Counties, Oklahoma, in his official capacity; KENNY WRIGHT, District Attorney of Delaware County, Oklahoma, in his official capacity; MATT BALLARD, District Attorney of Craig, Mayes, and Rogers Counties, Oklahoma, in his official capacity; STEVE KUNZWEILER, District Attorney of Tulsa County, Oklahoma, in his official capacity; APRIL FRAUENBERGER, Court Clerk of Nowata County, Oklahoma, in her official capacity; JILL SPITZER, Court Clerk of Washington County, Oklahoma, in her official capacity; CAROLINE WEAVER, Court Clerk of Delaware County, Oklahoma, in her official capacity; DEBORAH MASON, Court Clerk of Craig County, Oklahoma, in her official capacity; JENNIFER CLINTON, Court Clerk of Mayes County, Oklahoma, in her official capacity^[1]; CATHI EDWARDS, Court Clerk of Rogers County, Oklahoma, in her official capacity; DON NEWBERRY, Court Clerk of Tulsa County, Oklahoma, in his official capacity; TOWN OF ADAIR, OKLAHOMA; CITY OF BARTLESVILLE, OKLAHOMA; TOWN OF BIG CABIN, OKLAHOMA; TOWN OF BLUEJACKET, OKLAHOMA; CITY OF CATOOSA, OKLAHOMA; TOWN OF CHELSEA, OKLAHOMA; TOWN OF CHOTEAU, OKLAHOMA; CITY OF CLAREMORE, OKLAHOMA; CITY OF COLLINSVILLE, OKLAHOMA; TOWN OF COPAN, OKLAHOMA; CITY OF DEWEY, OKLAHOMA; TOWN OF DISNEY, OKLAHOMA; CITY OF GROVE, OKLAHOMA; CITY OF JAY, OKLAHOMA; TOWN OF KANSAS, OKLAHOMA; TOWN OF LANGLEY, OKLAHOMA; TOWN OF LOCUST GROVE, OKLAHOMA; CITY OF NOWATA, OKLAHOMA; TOWN OF OOLAGAH, OKLAHOMA; CITY OF OWASSO, OKLAHOMA; CITY OF PRYOR, OKLAHOMA; TOWN OF RAMONA, OKLAHOMA; TOWN OF SALINA, OKLAHOMA, TOWN OF SOUTH COFFEYVILLE, OKLAHOMA; TOWN OF SPAVINAW, OKLAHOMA; TOWN OF STRANG, OKLAHOMA; TOWN OF TALALA, OKLAHOMA; TOWN OF VERDIGRIS, OKLAHOMA; CITY OF VINITA, OKLAHOMA; TOWN OF WARNER, OKLAHOMA; TOWN OF WEST SILOAM SPRINGS, OKLAHOMA, Defendants.

No. CIV 20-0346 JB/JFJ

United States District Court, N.D. Oklahoma

January 31, 2023

John Mikel Dunn John M Dunn Law Office PLLC Tulsa, Oklahoma --and-- Mark Donaldson Lyons Lyons & Clark, Inc. Tulsa, Oklahoma Attorneys for the Plaintiffs

John M. O'Connor Oklahoma Attorney General Erin Morgan Moore Stefanie Erin Lawson Deputy Attorney Generals Office of the Attorney General Oklahoma City, Oklahoma Attorneys for Defendants District Court of Nowata County, Oklahoma; District Court of Washington County, Oklahoma; District Court of Delaware County, Oklahoma; District Court of Craig County, Oklahoma; District Court of Mayes County, Oklahoma and District Court of Rogers County, Oklahoma

John M. O'Connor Oklahoma Attorney General Audrey A Weaver Jacqueline R Clayton Deputy Attorney Generals Office of the Attorney General Oklahoma City, Oklahoma -- and -- Mithun S Mansinghani Lehotsky Keller Oklahoma City, Oklahoma Attorneys for Defendants Kenny Wright, Matt Ballard, and Steve Kunzweiler

Christopher James Collins Jamison Craig Whitson Wellon B Poe, Jr Collins Zorn & Wagner Oklahoma City, Oklahoma Attorneys for Defendants April Frauenberger, Jill Spitzer, Caroline Weaver, Deborah Mason and Jenifer Clinton

Matthew Benjamin Free Thomas Adrian LeBlanc Best & Sharp Tulsa, Oklahoma Attorneys for Defendant Cathi Edwards

Steve Kunzweiler Tulsa County District Attorney Douglas Allen Wilson Michael Shouse Deputy District Attorneys Tulsa County District Attorney's Office Tulsa, Oklahoma Attorneys for Defendant Don Newberry

Andrew W Lester Courtney Jo Davis Powell Anthony J Ferate Spencer Fane LLP Oklahoma City, Oklahoma Attorneys for Defendants Town of Adair, Oklahoma; City of Bartlesville, Oklahoma; Town of Big Cabin, Oklahoma; Town of Bluejacket, Oklahoma; City of Catoosa, Oklahoma; Town of Chelsea, Oklahoma; Town of Choteau, Oklahoma; City of Claremore, Oklahoma; City of Collinsville, Oklahoma; Town of Copan, Oklahoma; City of Dewey, Oklahoma; Town of Disney, Oklahoma; City of Grove, Oklahoma; City of Jay, Oklahoma; Town of Kansas, Oklahoma; Town of Langley, Oklahoma; City of Nowata, Oklahoma; Town of Oologah, Oklahoma; City of Owasso, Oklahoma; City of Pryor, Oklahoma; Town of Ramona, Oklahoma; Town of Salina, Oklahoma; Town of Coffeyville, Oklahoma; Town of Spavinaw, Oklahoma; Town of Strang, Oklahoma; Town of Talala, Oklahoma; Town of Verdigris, Oklahoma; City of Vinita, Oklahoma; Town of Warner, Oklahoma and Town of West Siloam Springs, Oklahoma.

Frank Sharp Holleman, IV Sonosky, Chambers, Sachse, Emerson & Perry, LLP Bonita, California -- and -- Stephen Greetham Office of Senior Counsel Chickasaw Nation Oklahoma City, Oklahoma Attorneys for Amicus Chickasaw Nation

Frank Sharp Holleman, IV Sonosky, Chambers, Sachse, Emerson & Perry, LLP Bonita, California -- and -- Brian R Danker Choctaw Nation of Oklahoma Durant, Oklahoma Attorneys for Amicus Choctaw Nation of Oklahoma

Sara Elizabeth Hill Cherokee Nation Attorney General Office Tahlequah, Oklahoma -- and -- Frank Sharp Holleman, IV Sonosky, Chambers, Sachse, Emerson & Perry, LLP Bonita, California Attorneys for Amicus Cherokee Nation

Robert Harlan Henry Robert Henry Law Firm Oklahoma City, Oklahoma Attorney for Amicus Quapaw Nation

Garrett Eller Devol & Associates, Attorneys at Law Edmond, Oklahoma Attorney for Amicus Seminole Nation of Oklahoma

1

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on: (i) Defendants, the District Court of Nowata County, the District Court of Washington County, the District Court of Delaware County, the

2

District Court of Craig County, the District Court of Mayes County and the District Court of Rogers County's Motion to Dismiss and Brief in Support, filed August 27, 2020 (Doc. 18)(“District Courts MTD”); (ii) Defendants Kevin Burchanan^[2], Kenny Wright, Matt Ballard and Steve Kunzweiler's Motion to Dismiss and Brief in Support, filed August 27, 2020 (Doc. 24)(“DA MTD”); (iii) Defendants' Town of Adair, City of Bartlesville, Town of Big Cabin, Town of Bluejacket, City of Catoosa, City of Collinsville, Town of Copan, City of Dewey, Town of Disney, City of Grove, City of Jay, Town of Kansas, Town of Langley, Town of Locust Grove, Town of Nowata, Town of Oologah, City of Pryor, Town of Ramona, Town of Salina, Town of South Coffeyville, Town of Spavinaw, Town of Strang, Town of Talala, Town of Verdigris, City of Vinita, Town of Warner and Town of West Siloam Springs, Motion to Dismiss and Brief in Support, filed August 27, 2020 (Doc. 27)(“Municipality MTD”); (iv) Defendants April Frauenberger, Jill Spitzer, Caroline Weaver, Deborah Mason and Laura Wade's Motion to Dismiss and Brief in Support, filed September 16, 2020 (Doc. 70)(“Clerk MTD”); (v) the Motion to Dismiss and Brief in Support of Defendant Cathi Edwards, Court Clerk of Rogers County, in Her Official Capacity, filed September 17, 2020 (Doc. 71)(“Edwards MTD”); (vi) Defendant Don Newberry's Motion to Dismiss and Brief in Support, filed September 17, 2020 (Doc. 72)(“Newberry MTD”); (vii) Defendants' Motion to Dismiss, filed October 19, 2020 (Doc. 87)(“Owasso MTD”); and (viii) the Motion and Opening Memorandum in Support of Leave to File Brief of Amici Curiae Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, Quapaw Nation, and Seminole Nation of Oklahoma in Support of

3

Plaintiffs' Oppositions to the Curtis Act Arguments Raised in Defendant Municipalities' Motions to Dismiss, filed July 15, 2022 (Doc. 143)(“Amicus Motion”). The Court held hearings on March 16, 2022, see Clerk's Minutes at 1, filed March 16, 2022 (Doc. 131)(“March 16 Clerk's Minutes”), and November 21, 2022, see Clerk's Minutes at 1, filed November 21, 2022 (Doc. 161)(“November 21 Clerk's Minutes”). The primary issues are: (i) whether Plaintiffs Tayleur Raye Pickup, Chanda Lynelle Butcher, Lindsey Reanna Butcher, Crystal Lee Leach, Shyanne Nicole Sixkiller, and all others similarly situated (“the Plaintiffs”) have standing to pursue their claims; (ii) whether the Plaintiffs served properly Defendants District Court of Nowata County, District Court of Washington County, District Court of Delaware County, District Court of Craig County, and District Court of Rogers County (“District Court Defendants”) under rule 4 of the Federal Rules of Civil Procedure; (iii) whether the Rooker-Feldman doctrine^[3]bars the Plaintiffs' claims; (iv) whether, under Younger v. Harris, 401 U.S. 37, 43-45 (1971)(“ Younger”), the Court must abstain from considering the Plaintiffs' requested declaratory relief; (v) whether the Declaratory Judgment Act, 28 U.S.C. § 2201(a), permits the Court to issue the Plaintiffs' requested declaratory relief declaring that the Cherokee Reservation has not been disestablished; (vi) whether the District Court Defendants are persons for 42 U.S.C. § 1983's purposes; (vii) whether Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)(“Heck”), bars the Plaintiffs' claims; (viii) whether (a) the Court should consider the Brief of Amici Curiae Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, Quapaw Nation, and Seminole Nation of Oklahoma in Support of Plaintiffs' Oppositions to the Curtis Act Arguments

4

Raised in Defendant Municipalities' Motions of Dismiss, filed November 21, 2022 (Doc. 160)(“Amicus Brief”), to decide (b) whether the Curtis Act of 1898, 30 Stat. 499, forecloses the Plaintiffs' claims against Defendants Town of Adair, City of Bartlesville, Town of Big Cabin, Town of Bluejacket, City of Catoosa, Town of Chelsea, Town of Chouteau, City of Claremore, City of Collinsville, Town of Copan, City of Dewey, Town of Disney, City of Grove, City...