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

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On November 15, 2023, the Muscogee (Creek) Nation (MCN) 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.”

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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.

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