Federal District Court Judge Gregory Frizzell denied a motion for preliminary injunction filed by the Muscogee Nation which sought to prevent Tulsa County District Attorney Steve Kunzweiler from prosecuting non-member Indians in Tulsa County District Court. The ruling, from the U.S. District Court for the Northern District of Oklahoma, allows Kunzweiler’s office to continue prosecuting non-member Indians who commit crimes within the Muscogee Reservation and the county while the lawsuit continues.
“Having considered the arguments contained in the briefing and the evidence presented at the hearing, this court concludes that the nation has not met its burden of showing that the exercise of concurrent state jurisdiction over nonmember Indians unlawfully infringes on tribal self-government,” Frizzell wrote. “Because the nation has not met its burden to show that is is substantially likely to succeed on the merits, the motion for preliminary injunction must be denied.”
Since the Oklahoma Court of Criminal Appeals issued its December decision in City of Tulsa v. O’Brien, which held municipal courts have concurrent jurisdiction over non-member Indians for crimes not listed in the Major Crimes Act, Kunzweiler has argued his office also has concurrent jurisdiction to prosecute non-member Indians for the more severe charges covered under the MCA. The Muscogee Nation filed suit to prevent those prosecutions in February, and a six-hour hearing was held on a motion for preliminary injunction last month.
Kunzweiler said he hoped Friday’s ruling would bring more cooperation between his office and tribal governments.
“I have long held that there is no justice without concurrent jurisdiction, and I’m glad that this court recognizes the duty of the state to hold offenders accountable,” Kunzweiler said. “I have never intended to infringe on tribal sovereignty or take any ounce of authority away from our tribal partners. Instead, I hope this decision puts us on a firm footing that cultivates greater collaboration and partnership.”
Muscogee Nation press secretary Jason Salsman called the ruling “unfortunate.”
“The Muscogee Nation is disappointed that the federal court did not agree with the preliminary injunction request against DA Kunzweiler, but the case is not over,” Salsman said. “The fight against unlawful state authority over Indians in the Muscogee Reservation will continue, and we are not going to allow today’s unfortunate ruling to discourage the nation’s ongoing efforts to defend its sovereignty on its territory.”
Gov. Kevin Stitt, who has opposed limitations on state jurisdiction since the U.S. Supreme Court’s 2020 decision in McGirt v. Oklahoma, applauded Frizzell’s ruling.
“Judge Frizzell’s ruling is common sense, and confirms what I’ve said all along. His decision to recognize the authority of district attorneys to pursue justice in every county preserves the rule of law and protects victims across the state,” Stitt said in a statement. “Our DAs have worked diligently to keep our communities safe, even as some in our state questioned their authority to do so. Our nation was founded on the idea that laws should be applied equally regardless of race. This decision confirms that.”
Stitt also criticized Attorney General Gentner Drummond, a 2026 gubernatorial candidate, for not defending district attorneys who have been sued by the Muscogee Nation or the U.S. Department of Justice in federal court over the same issue.
“How many more courts have to say the same thing before Oklahoma’s chief law officer engages on the state’s side of these issues?” Stitt said. “These rulings are not close calls. They are consistent, unanimous affirmation that district attorneys have the authority to prosecute crime in their own counties.”
