Muscogee (Creek) v. Henry, et al

The Muscogee (Creek) Nation (MCN) sued the Oklahoma Tax Commission (OTC), three commissioners and the Oklahoma Attorney General (collectively, State), seeking declaratory and injunctive relief based on numerous claims challenging three Oklahoma statutes that tax and regulate the sale of cigarettes and other tobacco products as a violative of federal law and tribal sovereignty. The OTC and the Attorney General brought motions to dismiss. The district court dismissed MCN's claims against all Defendant's based on the State's Eleventh Amendment immunity, or alternatively, for failing to state a claim under Fed. R.Civ. P. 12(b)(6). On appeal, the Tenth Circuit found that the Eleventh Amendment did not preclude MCN's suit, but that in its complaint, the Nation failed to state a claim. View "Muscogee (Creek) v. Henry, et al" on Justia Law