§ 1360 and the Indian Gaming Regulatory Act ('IGRA'), 25 U.S.C. 267-78 *1272 federal legislation commonly known as Public Law 280, which established prerequisites to a state's acquisition of jurisdiction over civil actions against Indians arising in Indian country, see 18 U.S.C. 3 Oklahoma's Enabling Act, which conditioned statehood on a disclaimer of jurisdiction over Indian tribes and tribal land, see Act of June 16, 1906, 34 Stat. Defendant stated that this issue is controlled by federal law, particularly the following sources: the Indian Commerce Clause of the Constitution, which divests states of authority over Indian tribes, see Const. Explaining the existence of federal subject matter jurisdiction under § 1331 and the propriety of removal under § 1441(b), Defendant identified the following 'federal question' raised by Plaintiff's action: 'whether the State court has jurisdiction over a tort action arising in Indian country against the Nation.' See id. §§ 1331, 14.' See Notice of Removal at 1. Choctaw Casino, 230 P.3d 507(Okla.2009).ĭefendant removed the case to this Court by invoking '28 U.S.C. Cherokee Nation Enter., LLC, 212 P.3d 447(Okla.2009) see also Griffith v. Plaintiff based her jurisdictional allegations on recent decisions of the Oklahoma Supreme Court holding that state district courts have jurisdiction over similar tort actions. The referenced compact is the Tribal Gaming Compact Between the Comanche Nation and the State of Oklahoma. Her state court pleading alleged that the casino was owned and maintained by the Comanche Nation, which 'is a tribal entity registered in the State of Oklahoma under the Compact so that this court has jurisdiction over the persons and subject matter.' See Notice of Removal, Ex. Plaintiff commenced this action in the District Court of Comanche County, Oklahoma, on July 24, 2009, to recover damages for personal injuries sustained when she slipped and fell on Defendant's business premises. Also, Defendant recently filed a Notice of Supplemental Authority regarding a judgment favorable to its position obtained by the Choctaw Nation of Oklahoma and the Chickasaw Nation. Defendant Comanche Nation Casino, which is a business enterprise of the Comanche Nation, has responded in opposition to the Motion and filed a supplemental brief, to which Plaintiff has replied. Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, OK, for Defendant.īefore the Court is Plaintiff Veronica Muhammad's Motion to Remand to State Court. Cowan, Hobbs Straus Dean & Walker LLP, Oklahoma City, OK, James G.

Reynolds, Griffin Reynolds & Associates, Oklahoma City, OK, for Plaintiff. 2d 1268(2010) Veronica MUHAMMAD, Plaintiff,ĬOMANCHE NATION CASINO, Defendant. He had in his possession an AR-15 rifle, three other firearms, and a “great deal of ammunition,” cops added.742 F.

Last month a “heavily armed” man was arrested at Oklahoma’s Hard Rock Hotel and Casino in Catoosa after firing several shots in a parking lot, local police said. The judge considered Oloa’s prior criminal history when imposing the sentence, the statement said. For the second charge, he faced up to 10 years in prison, three years of supervised release, and a $250,000 fine. The maximum he faced was up to 20 years in prison, three years of supervised release, and a $250,000 fine for the first charge. That would have been twice the given sentence. Oloa Could Have Gotten 30 Yearsīased on earlier statements from Troester, Oloa could have been sentenced to up to 30 years for the two charges.

Oloa has been in custody since the shooting, Troester said. It is believed they were not injured during the confrontation. The tribal police officers are considered federal law enforcement agents. “Oloa is prohibited under federal law from possessing a firearm, because he has been previously convicted of felony crimes,” Troester explained in the statement. He ran away from them, and then discharged a firearm in the direction of the officers while in a parking lot, Troester said. The incident began after two Comanche Nation Police Department officers responded to the tribal casino. Last August, he entered guilty pleas on both charges, according to a statement from Oklahoma US Attorney Robert J. Oloa previously was indicted on two charges: assaulting two federal officers and being a convicted felon in possession of a firearm.

Comanche nation casinos