Principal Chief Chuck Hoskin, Jr. Releases Statement On 10th Circuit Decision In Hooper v. Tulsa

Cherokee Nation's Principal Chief issued a statement in support of the 10th Circuit's decision in the Hooper v. Tulsa case.

Hooper v. Tulsa is a case regarding a speeding ticket dispute between Justin Hooper and the City of Tulsa.

Hooper, an Indian and member of the Choctaw Nation according to court documents, received a traffic violation in the Muscogee (Creek) Reservation of Oklahoma that was later determined by the Supreme Court (McGirt v. Oklahoma) to never had been disestablished. He filed for post-conviction relief arguing the municipal court lacked jurisdiction over his offense.

The court ruled Wednesday that the Curtis Act does not give the City of Tulsa jurisdiction over municipal violations by Indian inhabitants.

Here is the conclusion filed on June 28, 2023 by the United States Court of Appeals for the Tenth Circuit:

We REVERSE the district court’s grant of Tulsa’s Rule 12(b)(6) motion to dismiss Mr. Hooper’s claim for declaratory judgment, VACATE the district court’s dismissal of Mr. Hooper’s appeal as moot, DIRECT the district court to dismiss Mr. Hooper’s appeal without prejudice for lack of jurisdiction, and REMAND for proceedings consistent with this opinion. 

Principal Chief Chuck Hoskin, Jr. released the following statement:

“We are pleased with today’s decision in Hooper v. Tulsa, the 10th Circuit upheld tribal sovereignty and settled federal law – reaffirming that states and municipalities do not have criminal jurisdiction over Indians in Indian country. The court successfully denied attempts to circumvent these principles by turning to defunct, territorial provisions of the Curtis Act."