An Oklahoma federal judge decided the state cannot intervene in a jurisdictional settlement between the City of Tulsa and the Muscogee Nation in an opinion filed Monday.
The case stems from federal litigation filed by the Muscogee Nation in 2023 against the City of Tulsa and city officials for prosecuting tribal members for criminal offenses inside the tribe’s reservation. The settlement, reached last June by both parties, was made to resolve the litigation and dismiss the case.
The City of Tulsa clarified the settlement does not mean it does not have jurisdiction, but that the city “is agreeing not to prosecute Indian defendants for municipal cases in deference to the Muscogee Nation’s jurisdiction.”
Muscogee Nation will instead be responsible for prosecuting these municipal infractions.
Gov. Kevin Stitt tried to intervene more than a year after the lawsuit began, filing a motion and arguing that the state is a necessary party.
On Monday, U.S. District Judge for the Northern District of Oklahoma, John Russell, issued an opinion, saying the state waited too long to join the fight. The opinion also said that the state’s interests were adequately represented by the City of Tulsa, and therefore, the case remains dismissed.
Muscogee Freedmen, descendants of those formerly enslaved by Muscogee Nation citizens, also tried to intervene in the case. But that request was also denied.
This article was originally published by KOSU You can see the original story here.