Federal Court Enjoins Muscogee Prosecution of Tribal Members for Theft

Here are the materials in Fife v. Moore (E.D. Okla.):

20110422 Order

Fife PI Motion

Moore Motion to Dismiss

Fife Response

The court concluded that the Muscogee District Court had no jurisdiction to prosecute tribal members for theft against the tribal government because the crime did not occur in Indian country (which until recently would have been considered preposterous).

This case implicates two important issues (one at Muscogee and one involving many Oklahoma tribes). The first is the continuing dispute over the tribal district court at Muscogee (see our posts here and here). The other involves Indian Country in Oklahoma, the subject of a cert petition involving the Supreme Court (most recent post here).