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Date: 01-31-2023
Case Style:
Case Number: 20-cv-0346
Judge: James O. Browning
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)(
Plaintiff's Attorney: John Mikel Dunn and Mark Donaldson Lyons
Defendant's Attorney: Attorney General of Oklahoma, et al.
Description: Tulsa, Oklahoma civil rights lawyers represented Plaintiff who claimed that they were wrongfully charged and convict in Oklahoma state district court that did not have jurisdiction over their cases.
Plaintiff Chanda Lynelle Butcher is a member of the Cherokee Nation. On November 2, 2015, she was convicted of Obtaining Money by Bogus Check in Mayes County District Court for “events that occurred within the boundaries of the Cherokee Nation. C. Butcher's case number for the Obtaining Money by Bogus Check conviction is CM-2014-343. According to the Plaintiffs, Oklahoma “and/or its political subdivisions” prosecuted C. Butcher unlawfully “and without jurisdiction.” Complaint ¶ 61, at 14. According to the Plaintiffs, C. Butcher's prosecution unjustly enriched Oklahoma “and/or its political subdivisions.”
Outcome: IT IS ORDERED that: (i) Defendants District Court of Nowata County, the District Court of Washington County, the District Court of Delaware County, the 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), is granted in part and denied in part; (ii) Defendants Kevin Burchanan, Kenny Wright, Matt Ballard and Steve Kunzweiler's Motion to Dismiss and Brief in Support, filed August 27, 2020 (Doc. 24), is granted in part and denied in part; (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), is granted in part and denied in part; (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), is granted in part and denied in part; (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), is granted in part and denied in part; (vi) Defendant Don Newberry's Motion to Dismiss and Brief in Support, filed September 17, 2020 (Doc. 72), is granted in part and denied in part; (vii) Defendants' Motion to Dismiss, filed October 19, 2020 (Doc. 87), is granted in part and denied in part; 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 Plaintiffs' Oppositions to the Curtis Act Arguments Raised in Defendant Municipalities' Motions to Dismiss, filed July 15, 2022, is granted.
Plaintiff's Experts:
Defendant's Experts:
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