The Tribe moved to make this appeal a companion to the appeal from the same district court in Dye v. Knight, Judge of the District Court, concluded that tribal courts and federal courts have jurisdiction over Indian tribes but state courts do not and dismissed the action. Griffith responded that the Tribe consented to suit in the compact which states the 'tribe consents to suit on a limited basis with respect to tort claims' and the 'tribe consents to suit against the enterprise in a court of competent jurisdiction with respect to tort claims.' The Tribe argued that exclusive jurisdiction over tort claims arising in Indian country against the Tribe was vested in the tribal courts at the time the compact was executed the compact preserved the tribal court's exclusive jurisdiction by declaring that the compact does not alter tribal, federal or state adjudicatory jurisdiction and therefore, the consent to suit in a court of competent jurisdiction in the compact is consent to suit in tribal court only.

The Tribe moved to dismiss the tort action on the basis of tribal sovereign immunity from suit in state court, arguing that Oklahoma state courts may not exercise jurisdiction over a sovereign Indian tribe unless Congress or the Indian tribe has clearly consented to suit in state court or otherwise clearly waived tribal immunity. ♤ Griffith filed a tort action in the state district court in LeFlore County against the casino and the Tribe. ♢ The Choctaw Nation of Oklahoma, a federally recognized Indian tribe ♡ One question is presented in this appeal: Is the state district court a court of competent jurisdiction as used in the gaming compact between the Choctaw Nation of Oklahoma and the State of Oklahoma such that the district court may exercise jurisdiction over this Indian-country arising negligence action filed by a casino patron against the Choctaw tribe and its casino? We answer in the affirmative. Cable, McAlester, Oklahoma, for defendants/appellees. McCroskey, Poteau, Oklahoma, for plaintiff/appellant.Įric D.

We retained the appeal to address an issue of statewide importance: Whether the state district court is a 'court of competent jurisdiction' as that phrase is used in the statutory class III gaming compact,ĭISMISSAL ORDER OF THE DISTRICT COURT REVERSED Įddie A. The district court dismissed the petition. The Choctaw Nation moved to dismiss on the basis of tribal sovereign immunity. ♠ Dorothy Griffith filed a petition in the state district court against the Choctaw Nation and its casino in Pocola, Oklahoma, to recover tort damages. THE SUPREME COURT OF THE STATE OF OKLAHOMAĬHOCTAW CASINO OF POCOLA, OKLAHOMA, and the CHOCTAW NATION OF OKLAHOMA, Defendants/Appellees.

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