No. CIV-97-113-B

DOUGLAS G. DRY, et al.,
Plaintiffs,

vs.

UNITED STATES OF AMERICA, et. al.
Defendants.

I.

THIS IS AN ACTION FOR

Claims against Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels:

Plaintiffs' claims the Talihina Defendants violated Plaintiff's Fifth and Fourteenth Amendment Constitutional rights by briefly detaining Plaintiff Dry on September 4, 1995. Plaintiff has brought this claim under 42 U.S.C. § 1983. Plaintiffs also allege a tortious false imprisonment and unlawful detention against the Defendants under the Oklahoma Governmental Tort Claims Act.

Claims against Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long:

Plaintiff's claims against the Clayton Defendants allege the Defendants violated Plaintiffs' Fifth and Fourteenth Amendment Constitutional rights by briefly detaining Plaintiffs McConnell and Burlison on September 4, 1995. Plaintiffs have brought this claim under 42 U.S.C. § 1983. Plaintiffs also allege a tortious false imprisonment and unlawful detention against the Defendants under the Oklahoma Governmental Tort Claims Act.

II.

FEDERAL JURISDICTION AND VENUE ARE BASED UPON

Plaintiffs claim this is an action brought pursuant to the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution, Treaties between the Choctaw People and the United States, and laws of the United States. This Court has jurisdiction under 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343 and 1346. State of Oklahoma Pendant, supplemental and ancillary claims are additional pled under 28 U.S.C. § 1367.

The Defendant, United States of America, denies jurisdiction as the defense citing: Lack of jurisdiction over the subject matter and the United States; failure to state a claim upon which relief can be granted; sovereign immunity; plaintiffs' claims are specifically excepted from the limited waiver of the United States' sovereign immunity within the Federal Tort Claims Act (FTCA). 28 U.S.C. Section 2680 (h).

All events that give rise to the Plaintiffs' claims occurred within the Eastern District of Oklahoma. Thus, venue properly lies in the Eastern District of Oklahoma under 28 U.S.C. § 1331(e).

III.

DEFENDANTS AND CLAIMS THAT HAVE BEEN DISMISSED

On September 30, 1998, by Order of this Court, Defendant USA, Bruce Babbitt, Ada Deere, Jim Fields, Perry Proctor, Dennis Springwater, Karen Ketcher, Curtis Wilson, Larry Mings, Robert L. Rabon and Kim Reed were dismissed on (1) Courts III, IX, XIII against Defendants USA, Babbitt, Deere, Fields, Proctor, Springwater, Ketcher, Wilson and Mings in their official capacity; (2) Counts III, IX, XIII, in their individual capacity under 42 U.S.C. § 1983; (3) Counts III, IX, XIII, Bivens claim against Springwater, Ketcher and Mings in their individual capacity and Defendants are entitled to qualified immunity; (4) Count XVII in its entirety against all named Defendants; (5) Counts IV, X and XIV against Reed and Robert Rabon; and (6) Counts III, IX and XIII against Proctor.

On September 30, 1998, by Order of this Court, Defendant Kim Reed was dismissed in her official and individual capacity.

On September 30, 1998, by Order of this Court, Defendants Barrow, Russell, Flowers and Welch were dismissed on Courts I, II, VII, VIII, XI and XII in their official and individual capacities.

On September 30, 1998, by Order of this Court, Defendant Denison was dismissed on Counts I, II, Vi in his official and individual capacities.

On September 30, 1998, by Order of this Court, Defendant Bob Rabon was dismissed on Counts I, VII and XI.

On September 30, 1998, by Order of this Court, Defendants Johnson and Johnico were dismissed on Counts I, II, IV, VII, VIII and X, in their official and individual capacities.

On September 30, 1998, by Order of this Court, Defendant Robert Rabon was dismissed on Counts I, VII and XI.

On December 8, 1998, by Order of this Court, Defendants Denison, Russell and Flowers were dismissed in Count IV; Barrows and Welch on Count X and Barrow in Count XIV, in relation to which the USA was substituted as a party defendant.

Additional defenses by USA: plaintiffs actually and proximately caused their own injuries, if any; tribal officer's actions were pursuant to lawful arrest; plaintiffs unlawfully caused disturbance, breach of peace, unlawfully resisted arrest; tribal officers used reasonable force.

IV.

THE FOLLOWING FACTS ARE ADMITTED BY THE PARTIES AND
DO NOT REQUIRE PROOF

The Defendant City of Talihina is cross-deputized with the Choctaw Nation of Oklahoma.
The Defendant City of Talihina's chief of police was advised that the charge against Plaintiff Dry was for resisting arrest at the time he was placed in the City of Talihina's jail.
Plaintiff Dry was detained in the Defendant City of Talihina's jail for approximately two (2 ) hours before being released back to the Choctaw Nation officers.
During the time Plaintiff Dry was in the Defendant City of Talihina's jail, Defendant Chief of Police Jack England repeatedly attempted to discover the status of the charges against Plaintiff Dry as a result of Dry's conversations with England.
At the time of Plaintiff's September 4, 1995 arrest and subsequent detention at the Talihina Police Department's jail, Defendant Chief of Police Jack England was Council on Law Enforcement Education and Training certified, had maintained his State law enforcement certification, was cross-deputized with the Choctaw Nation and had eighteen (18 ) years of law enforcement experience.
After the detention at the Talihina jail, the Choctaw Nation charged Plaintiff with public disturbance, disturbance of a parade, disturbance of the peace, use of language calculated to arouse anger, assault on a police officer, attempt to intimidate an officer and resisting arrest.
The Defendant City of Clayton is cross-deputized with the Choctaw Nation of Oklahoma.
The Defendant City of Clayton's jail personnel were advised by the Choctaw Nation officers of the charges against Plaintiffs McConnell and Burlison at the time Plaintiffs were placed in the City of Clayton's jail.
Plaintiffs McConnell and Burlison were detained in the Defendant City of Clayton's jail for approximately two (2 ) hours before being released back to the Choctaw Nation officers.
At the time of Plaintiffs' September 4, 1995 arrests and subsequent detention at the Clayton police department's jail, Defendant Chief of Police Terry Bell was Council on Law Enforcement Education and Training certified, had maintained his State law enforcement certification, had completed Department of Corrections training in 1987 and was cross-deputized with the Choctaw Nation in 1995.
After the detention at the Clayton jail, the Choctaw Nation charged Plaintiff McConnell with public disturbance, disturbance of a parade, disturbance of the peace, use of language calculated to arouse anger.
After the detention at the Clayton jail, the Choctaw Nation charged Plaintiff Burlison with public disturbance, disturbance of a parade, disturbance of the peace, use of language calculated to arouse anger and interfering with police officer from official duties.

V.

THE FOLLOWING FACTS, THOUGH NOT ADMITTED,
WILL NOT BE CONTESTED AT TRAIL

None

VI.
THE FOLLOWING ISSUES OF FACT REMAIN FOR DETERMINATION
BY THE COURT

Whether there are any material issues of fact in controversy.
Assuming there are any material issues of fact in controversy, whether Plaintiffs have been damaged.
Assuming there are any material issues of fact in controversy, whether Plaintiffs sustained any damages by any act of any Defendant.
Whether or not the Plaintiffs are entitled to damages and if so, how much.
Whether Plaintiffs experienced severe mental anguish.
Whether Plaintiffs suffered damages to their reputation or loss to their community standing as a result of any act of the Defendants.
If the Plaintiffs were unlawfully arrested, then by whom.
Whether any named Defendant committed intentional or willful acts toward Plaintiffs.
Whether Defendant England knew or should have known whether Plaintiff Dry was being held pursuant to a charge by which he could be held by a state of Oklahoma law enforcement officer.

VII.

THE FOLLOWING ISSUES OF LAW REMAIN FOR DETERMINATION
BY THE COURT

Whether Defendants violated Plaintiffs' Fifth and Fourteenth Amendment Constitutional rights by briefly detaining them on September 4, 1995.
Whether Defendants tortiously falsely imprisoned and/or unlawfully detained Defendants.
Whether Plaintiffs have stated a claim against the Defendants under the Oklahoma Governmental Tort Claims Act.
Whether the Court should grand summary judgment in favor of the Defendant City of Talihina and its individually-named Defendants.
Whether the Court should grant summary judgment in favor of the Defendant City of Clayton and its individually-named Defendants.

VIII.

ALL TRIAL EXHIBITS, INCLUDING DEPOSITIONS, FOR EACH PARTY, INCLUDING ANY ADMISSIONS OR OBJECTIONS TO ADMISSIBIITY, THERETO, ARE AS FOLLOWS: (list separately all proposed trial exhibits with a description sufficient for identification and consider subsequent compliance with Local Rule 43.1).

Exhibit List of Plaintiffs:

1. Treaty of Dancing Rabbit Creek of 1830

2. Choctaw Constitution

3. Consent Decree in Morris v. Watt

4. Questionnaire sent to Choctaw voters pursuant to Morris v. Watt

5. Voting tally of fundamental differences between 1860 and 1979 Choctaw constitutions

6. Memo of Dennis Springwater, March 3, 1992 approving Choctaws codes

7. Proposal to contract for CFR court, August 31, 1992

8. Notes of contract review meeting, September 14, 1994

9. Proposal to contract for CFR court from review meeting

10. Memo to Talihina Superintendent dated October 22, 1992

11. Council minutes of December 8, 1990, November 10, 1990, January 12, 1991, August 14, 1991, December 14, 1991, June 19, 1992, January 25, 1993, January 12, 1994, May 6 and 10, 1994.

12. Council Bills CB-138-91, CB-111-92, CB-033-92, CB-99-94, CB-50-94.

13. Admissions of BIA in Burlison v. City of Atoka, Atoka County, Oklahoma.

14. Video of Juanita McConnell and Rosie Burlison's arrest on September 4, 1995, including audio of book-in at Clayton jail.

15. Photographs of Rosie Burlison and Juanita McConnell's arrest on September 4, 1995.

16. Durant police Department offense report regarding Kenneth Johnson dated November 29, 1995.

17. Video of 1995 State of the Nation address.

18. Video of Bruce Babbitt's political rally sponsored by Choctaw Nation and Hollis Roberts.

19. Book-in sheets of Douglas Dry, Rosie Burlison and Juanita McConnell

20. Transcript of Micah Knight's testimony at criminal trial of Hollis Roberts

21. Transcript of Sheila Kirven's testimony at criminal trial of Hollis Roberts

22. Court records of criminal cases filed in Choctaw CFR court.

23. Clayton council minutes discussing housing Choctaw prisoners, approving prisoner housing agreement with Choctaw Nation, approving cross-deputization agreement with Choctaw Nation, and other meetings where problems with Choctaw law enforcement were discussed.

24. Talihina council minutes discussing housing Choctaw prisoners, approving prisoner housing agreement with Choctaw Nation, approving cross-deputization agreement with Choctaw Nation, and other meetings where problems with Choctaw law enforcement were discussed.

25. Letter from Larry Mings dated September 7, 1995, regarding pattern of civil rights abuses.

26. Letter from Mings dated January 3, 1995, regarding civil rights complaint.

27. Letter from Tryg Jorgenson dated December 21, 1994, regarding civil rights complaint.

28. Video of Channel 10 and Channel 12 news cast of September 4 and 5, 1995.

29. Dennison Herald newspaper article of September 5, 1995.

30. Court of Indian Offenses of the Choctaw Nation, copies of documents relating to criminal cases Nos. CR-95-01, CR-95-02, CR-95-03, and CF-95-04, including but not limited to Informations filed against plaintiffs.

31. Law Enforcement Program Contract between BIA and Choctaw Nation, dated September 10, 1991.

32. Choctaw Nation Tribal Council, Council Bill No. CB-138-92, dated June 19, 1992.

33. Contract between BIA and Choctaw Nation establishing a Court of Indian Offenses pursuant to 25 C.F.R. Section 11.1.

34. Choctaw Nation Criminal Code.

35. Cross-deputization information.

36. Court Rules for C.F.R. Courts.

37. BIA Position Descriptions.

38. Documents concerning the trust status of the Choctaw Council House Grounds.

39. Photographs of struggle and arrest of plaintiffs on September 4, 1995.

40. Arrest Sheet

41. Medical Record

42. Property Receipt

43. Reports concerning Plaintiffs' detention

44. Jail Inspection Report

45. Radio Log

46. Municipal Records

47. All exhibits by all other parties to which Plaintiffs do not object.

48. All documents which may be discovered or the relevance of which may become known during the pendency of this action and during discovery.

Defendants objections to Plaintiff's exhibits:

Authority Objection
1. Treaty of Dancing Rabbit Creek of 1830. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

2. Choctaw Constitution. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

3. Consent Decree in Morris v. Watt. Irrelevant; likely to Lead to juror confusion FRE 401, 402,403

4. Questionnaire sent to Choctaw voters pursuant to Morris v. Watt. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403
5. Voting tally of fundamental differences between 1860 and 1979 Choctaw constitutions Irrelevant; likely to Lead to juror confusion FRE 401, 402,403

6. Memo of Dennis Springwater, March 3, 1992. approving Choctaws codes. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

7. Proposal to contract for CFR court, August 31, 1992. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

8. Notes of contract review meeting, September 14, 1994. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

9. Proposal to contract for CFR court from review meeting. Irrelevant; likely to Lead to juror confusion FRE 401, 402,403

10. Memo to Talihina Superintendent dated October 22, 1992. Defendants unable to determine which document is being identified. Will reserve right to object when document subject provided.

11. Council minutes of December 8, 1990, November 10, 1990, January 12, 1991, August 14, 1991, December 14, 1991, June 19, 1992, January 25, 1993, January 12, 1994, May 6 and 10, 1994. Defendants unable to determine which document is being identified. Will reserve right to object when document subject provided.

12. Council Bills CB-138-91, CB-111-92, CB-033-92, CB-99-94, CB-50-94. Defendants unable to determine which document is being identified. Will reserve right to object when document subject provided. Irrelevant; Likely to lead to juror confusion FRE 401,402, 403

13. Admissions of BIA in Burlison v. City of Atoka, Atoka County, Oklahoma. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

14. Video of Juanita McConnell and Rosie Burlison's arrest on September 4, 1995, including audio of book-in at Clayton jail. Irrelevant; likely to Lead to juror confusion; Needless cumulative evidence; Any audible voices are unsworn and lack authentication and reliability; Defendants have requested and never received an audible copy of the alleged video tape. FRE 401, 402, 403

15. Photographs of Rosie Burlison and Juanita McConnell's arrest on September 4, 1995. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

16. Durant police Department offense report regarding Kenneth Johnson dated November 29, 1995. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

17. Video of 1995 State of the Nation address. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

18. Video of Bruce Babbitt's political rally sponsored by Choctaw Nation and Hollis Roberts. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

20. Transcript of Micah Knight's testimony at criminal trial of Hollis Roberts, Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

21. Transcript of Sheila Kirven's testimony at criminal trial of Hollis Roberts, Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

22. Court records of criminal cases filed in Choctaw CFR court. To the extent these files regard other persons besides Plaintiffs and for arrests other than those on September 4, 1995, Defendants object as Irrelevant; Likely to lead to juror confusion. FRE 401, 402, 403

25. Letter from Larry Mings dated September 7, 1995, regarding pattern of civil rights abuses. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

26. Letter from Mings dated January 3, 1995, regarding civil rights complaint. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

27. Letter from Tryg Jorgenson dated December 21, 1994, regarding civil rights complaint. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

28. Video of Channel 10 and Channel 12 news cast of September 4 and 5, 1995. Irrelevant; likely to Lead to juror confusion; Hearsay; FRE 401, 402, 403, 802, 805; Dallas County v. Commercial Union Assur. Co., 286 F.2d 388, 391-92 (5th Cir. 1961)

29. Dennison Herald newspaper article of September 5, 1995. Irrelevant; likely to Lead to juror confusion; Hearsay FRE 401, 402, 403, 802, 805; Dallas County v. Commercial Union Assur. Co., 286 F.2d 388, 391-92 (5th Cir. 1961)

30. Court of Indian Offenses of the Choctaw Nation, copies of documents relating to criminal cases Nos. CR-95-01, CR-95-02, CR-95-03, and CF-95-04, including but not limited to Informations filed against plaintiffs. To the extent these files regard other persons besides Plaintiffs and for arrests other than those on September 4, 1995, Defendants object as Irrelevant; Likely to lead to juror confusion. FRE 401, 402,403

31. Law Enforcement Program Contract between BIA and Choctaw Nation, dated September 10, 1991. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

32. Choctaw Nation Tribal Council, Council Bill No. CB-138-92, dated June 19, 1992. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

33. Contract between BIA and Choctaw Nation establishing a Court of Indian Offenses pursuant to 25 C.F.R. Section 11.1. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

35. Cross-deputization information. Defendants reserve objection in this exhibit until it has been provided to Defendants' counsel

36. Court Rules for C.F.R. Courts. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

37. BIA Position Descriptions. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

38. Documents concerning the trust status of the Choctaw Council House Grounds. Irrelevant; likely to Lead to juror confusion FRE 401, 402, 403

39. Photographs of struggle and arrest of plaintiffs on September 4, 1995. Irrelevant; likely to
Lead to juror confusion FRE 401, 402, 403

47. All exhibits by all other parties to which Plaintiffs do not object. Defendants object. The Court has previously indicated that it will not accept a blanket adoption of unnamed exhibits by other Parties.

Defendant City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat, and Naomi O'Daniels' Exhibits:

1. Book-in sheets

2. Arrest Sheet

3. Medical Record

4. Property Receipt

5. Reports concerning Plaintiffs' detention

6. Cross-Dputization Agreement

7. Jail Inspection Report

8. Radio log

9. Municipal records

10. Talihina Resolution #94-3 adopting Cross-Deputization agreement.

11. Attorney General's Letter of Approval of Cross-Deputization Agreements.

Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long's Exhibits:

1. Book-in sheets

2. Arrest Sheet

3. Inmate Medical Record

4. Property Receipt

5. Reports concerning Plaintiffs' detention

6. Cross-Deputization Agreement

7. Jail Inspection Report

8. Municiple records

9. Radio log

10. Clayton Council Minutes adopting Cross-Deputization agreement.

11. Attorney General's Letter of Approval of Cross-Deputization Agreements.

Defendant USA's Exhibits:

1. Cross-Deputization Agreement between the Choctaw Nation of Oklahoma and the Bureau of Indian Affairs, department of the Interior (Attached as Exh. A to US Motion To Dismiss filed November 23, 1998).

. Court of Indian Offenses of the Choctaw Nation of Oklahoma: Choctaw Nation of Oklahoma v. Douglas Dry, Information CR-95-01 (Exh. B to Motion To Dismiss)

3. Same as 2 except CR-95-02 (Exh. C to Motion)

4. Same as 2 except Cr-95-03, Juanita McConnell (Exh. D to Motion)

5. Same as 2 except CR-95-04, Rosa Burlison (Exh. E to Motion)

6. Same as 2 except CR-95-05, Douglas Dry, Juanita Mcconnell, and Rosa Burlison (Exh. F to Motion)

7. Sections of the Criminal Code of the Choctaw Nation referenced in the above 5 Informations (Exh. G to Motion)

IX.

ALL TRIAL WITNESSES FOR EACH PARTY ARE AS FOLLOWS: (list separately each party's witnesses in chief and rebuttal that could be called, including any other parties' witnesses, with a concise statement of their testimony -- witnesses not so listed will not be allowed to be called and/or to testify, except by order of the court in the interest of justice.

Plaintiffs' Witnesses in Chief:

1. Douglas G. Dry, Wilburton, OK, will testify as to events alleged in the Amended Complaint

2. Juanita McConnell, Tuskahoma, OK, will testify as to events alleged in Amended Complaint

3. Rosie Burlison, Atoka, OK, will testify as to events alleged in Amended Complaint

4. Chester Scott, Ada, OK, will testify to events on September 4, 1995.

5. Kenneth Pate, Jr., Tulsa, OK, will testify to events on September 4, 1995.

6. Junior LeFlore, Atoka, OK, will testify to events on September 4, 1995.

7. Edwin Dale LeFlore, Atoka, OK, will testify to events on September 4, 1995.

8. David Reed, Caddo, OK, will testify to events on September 4, 1995.

9. Curtis Coley, Honobia, OK, will testify to events on September 4, 1995.

10. Linda Jessie, Broken Bow, OK, will testify to events on September 4, 1995.

11. Jim Morris, Del City, OK, will testify to events on September 4, 1995.

12. Keith Hotubbee, Booneville, AR, will testify to events on September 4, 1995.

13. Nelson Lewis, Wright City, OK, will testify to events on September 4, 1995.

14. Houston McConnell, now deceased, through affidavit of events of September 4, 1995.
15. Anthony Noah, Broken Bow, OK, will testify to events on September 4, 1995.

16. Mitchell James, Honobia, OK, will testify to events on September 4, 1995.

17. Hollis Roberts, Federal Correctional Institute, Springfield, MO, will testify to events on September 4, 1995, and history of Choctaw constitution and court system.

18. Robert Kemp, Pittsburg, OK, will testify to events on September 4, 1995.

19. Chevy McConnell, Talihina, OK, will testify to events on September 4, 1995.

20. Jim Summers, Heavener, OK, will testify to events on September 4, 1995.

21. Jerry Noah, Broken Bow, OK, will testify to events on September 4, 1995.

22. Rodney Gene Tom, Broken Bow, OK, will testify to events on September 4, 1995.

23. Kenneth Noah, Broken Bow, OK, will testify to events on September 4, 1995.

24. Sue Hicks, Broken Bow, OK, will testify to events on September 4, 1995.

25. Randall Hicks, Broken Bow, OK, will testify to events on September 4, 1995.

26. Janie Ben, Clayton, OK, will testify to events on September 4, 1995.

27. Donnie Ben, Clayton, OK, will testify to events on September 4, 1995.

28. Ronnie Ben, Clayton, OK, will testify to events on September 4, 1995.

29. Pat Dry, Wilburton, OK, will testify to events on September 4, 1995, and June 21, 1995.

30. Donna Heflin, Clayton, OK, will testify as to Choctaw court records.

31. Fred Ragsdale, Jr., Corralis, NM, will testify as to history of Choctaw constitution and criminal jurisdiction.

32. Edna Jonico, Talihina, OK, will testify as to video of 1995 State of Nation address by Hollis Roberts.

33. Aaron Dry, Madill, OK, will testify to conversation with Hoppy Denison on September 4, 1995.

34. Doyla Jessie, Broken Bow, OK, will testify to events on September 4, 1995.
35. Glenda James, Talihina, OK, will testify to events on September 4, 1995.

36. Jack Pate, Talihina, OK, will testify to events on September 4, 1995.

37. Judy Allen, Durant, OK, will testify to events on September 4, 1995.

38. Nettie Webb, Lockesburg, Ark., will testify to events on September 4, 1995.

39. Trygve Jorgensen, Henrietta, OK, will testify to events on December 21, 1994, at Jones Academy.

40. Jay Truly, McAlester, OK, will testify to events on December 21, 1994.

41. Sparky Evans, Talihina, OK, will testify to events on September 4, 1995.

42. Ray Collins, FBI agent, investigation of Choctaw Nation.

43. Jerry Thompson, FBI agent, investigation of Choctaw Nation.

44. Rick O'Jeda, FBI agent, investigation of Choctaw Nation.

45. Kenneth Johnson will testify to events on September 4, 1995.

46. Mike Russell will testify to events on September 4, 1995.

47. Steven Flowers will testify to events on September 4, 1995.

48. Blake Johnico will testify to events on September 4, 1995.

49. Hoppy Denison will testify to events on September 4, 1995.

50. Eldon Hokit will testify to events on September 4, 1995.

51. Bill Barrow will testify to events on September 4, 1995.

52. Kim Reed will testify to events on September 4, 1995.

53. Phillip Sharp will testify to events on September 4, 1995.

54. Chris Welch will testify to events on September 4, 1995.

55. Patsy Maddox will testify to events on September 4, 1995.

56. Jackie Mode will testify to events on September 4, 1995.

57. Linda Higgenbotham will testify to events on September 4, 1995.

58. Robert Rabon, Hugo, OK, will testify regarding allegations in Amended Complaint.

59. Bob Rabon, Hugo, OK, will testify to events on September 4, 1995, history of the Choctaw Constitution, court system and law enforcement program.

60. Lainey Hensley will testify to events on September 4, 1995.

61. Jeff Compton will testify to events on September 4, 1995.

62. Billy Stevens will testify to events on September 4, 1995.

63. Wayland Tom will testify to events on September 4, 1995.

64. Lois Franklin will testify to events on September 4, 1995.

65. Jennifer Gibson will testify to events on September 4, 1995.

66. Kay Jackson will testify to events on September 4, 1995.

67. Wanda Stevens will testify to events on September 4, 1995.

68. Debbie Toney will testify to events on September 4, 1995.

69. Tom Lowry will testify to events on September 4, 1995.

70. Jack England, Talihina, OK, will testify to events on September 4, 1995.

71. Rebecca Sue Peter-Good will testify to events on September 4, 1995.

72. Deana Chancellor will testify to events on September 4, 1995.

73. Monica Peter will testify to events on September 4, 1995.

74. Jim Fields, Muskogee, OK, will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

75. Jack Austin, Jr., Talihina, OK, will testify to events on September 4, 1995.

76. Dennis Wickliffe, Muskogee, OK, will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

77. Curtis Wilson, Muskogee, OK, will testify to contracting with Choctaw Nation for court and law enforcement.

78. Mazel Payne, Talihina, OK, will testify to events on September 4, 1995.

79. Karen Rose, Broken Bow, OK, will testify to events on September 4, 1995.

80. John Baker, Antlers, OK, will testify to events on September 4, 1995.

81. Dennis Springwater, Muskogee, OK, will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

82. Karen Ketcher, Muskogee, OK, will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

83. Perry Proctor, Muskogee, OK, will testify to training of BIA law enforcement officers.

84. Larry Mings, Talihina, will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

85. Vernon McCarty, Muskogee, OK, will testify to investigation of September 4, 1995.

86. Merrit Youngdeer will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens.

87. Emmitt Rice will testify to contracting with Choctaw Nation for court and law enforcement, civil rights complaints of Choctaw citizens, and cross-deputization agreements.

88. Dr. Jamil, Talihina, OK, will testify to Juanita McConnell's surgery.

89. Dr. Richard Valbuena, Wilburton, OK, will testify to medical condition of Douglas Dry.

90. Melton "Sonny" Bowen, Scipio, OK, will testify to events on September 4, 1995.

91. Tux Bowen, Scipio, OK, will testify to events on September 4, 1995.

92. Earlene Wilkerson, Lebanon, OK, will testify to events on September 4, 1995.

93. Robert Owen Caudill, Blanco, OK, will testify to events on September 4, 1995.94. Billy Hines, Talihina, OK, will testify to events on September 4, 1995.

95. Brian Regan, Atoka, OK, will testify to events on September 4, 1995.

96. Johnny Ray Pitts, Blanco, OK, will testify to events on September 4, 1995.

97. Jim Baker, Edmond, OK, will testify to events on September 4, 1995.

98. Jim Marris, Lebanon, OK, will testify to events on September 4, 1995.

99. Terry Bell, Former Chief of Police, Clayton, OK, will testify to events on September 4, 1995.

100. Jermery Pitts, Blanco, OK, will testify to events on September 4, 1995.

101. Malcomb Wade, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

102. Niky Hibdon, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

103. Lloyd James, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

104. John Wheat, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

105. Naomi O'Daniels, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

106. Bob Burlison, Atoka, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

107. Rowland Hall, Clayton, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

108. Mike Van Horn, Clayton, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

109. Roland Bradford, Clayton, OK, will testify regarding the allegations in Plaintiffs' Amended
Complaint

110. Rebecca Johnson, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

111. Geraldine Grammar, Clayton, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

112. Sharon Pole, Connorville, OK, will testify as to the events of September 4, 1995.

113. J.C. Pole, Connorville, OK, will testify as to the events of September 4, 1995.

114. David Pole, Connorville, OK, will testify as to the events of September 4, 1995.

115. All witnesses by all other parties to which Plaintiffs do not object.

Defendant's objections to Plaintiff's witnesses:

1. Chester Scott, Ada, OK,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

2. Kenneth Pate, Jr., Tulsa,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

3. Junior LeFlore, Atoka, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

4. Edwin Dale LeFlore, Atoka, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

5. David Reed, Caddo, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

6. Linda Jessie, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

11. Jim Morris, Del City, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

12. Keith Hotubbee, Booneville, AR, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

13. Nelson Lewis, Wright City, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

14. Houston McConnell, now deceased Hearsay. FED. R. EVID. 802

15. Anthony Noah, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

16. Mitchell James, Honobia, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

17. Hollis Roberts, Federal Correctional Institute, Springfield, MO, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

18. Robert Kemp, Pittsburg, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

19. Chevy McConnell, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

20. Jim Summers, Heavener, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

21. Jerry Noah, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

22. Rodney Gene Tom, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

23. Kenneth Noah, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

24. Sue Hicks, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

26. Janie Ben, Clayton, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

27. Donnie Ben, Clayton, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

28. Ronnie Ben, Clayton, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

30. Donna Heflin, Clayton, OK, Defendants will stipulate to the court records on Plaintiffs; thus, this witness is unnecessary. FED. R. EVID. 403

31. Fred Ragsdale, Jr., Corralis, NM, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

32. Edna Jonico, Talihina, OK, Defendants have objected to the proposed video; thus, this witness; testimony will be irrelevant, likely to led to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

33. Aaron Dry, Madill, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

34. Doyla Jessie, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

35. Glenda James, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

36. Jack Pate, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

37. Judy Allen, Durant, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

38. Nettie Webb, Lockesburg, Ark.,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

39. Trygve Jorgensen, Henrietta, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

40. Jay Truly, McAlester, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

41. Sparky Evans, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

42. Ray Collins, FBI agent,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

43. Jerry Thompson, FBI agent, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

54. Chris Welch Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

57. Linda Higgenbotham Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

60. Lainey Hensley Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

61. Jeff Compton Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

62. Billy Stevens Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

63. Wayland Tom Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

64. Lois Franklin Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

65. Jennifer Gibson Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

66. Kay JacksonWitness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

67. Wanda StevensWitness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

68. Debbie Toney Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

69. Tom Lowry Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

71. Rebecca Sue Peter-Good Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

72. Deana Chancellor Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

73. Monica Peter Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

74. Jim Fields, Muskogee, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

75. Jack Austin, Jr., Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

76. Dennis Wickliffe, Muskogee, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

77. Curtis Wilson, Muskogee, OK,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

78. Mazel Payne, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

79. Karen Rose, Broken Bow, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

80. John Baker, Antlers, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

81. Dennis Springwater, Muskogee, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

82. Karen Ketcher, Muskogee, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

83. Perry Proctor, Muskogee, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

84. Larry Mings, Talihina,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

85. Vernon McCarty, Muskogee, OK,Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

86. Merrit Youngdeer Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

87. Emmitt Rice Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

88. Dr. Jamil, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

90. Melton "Sonny" Bowen, Scipio, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

91. Tux Bowen, Scipio, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

92. Earlene Wilkerson, Lebanon, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

93. Robert Owen Caudill, Blanco, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

94. Billy Hines, Talihina, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

95. Brian Regan, Atoka, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

96. Johnny Ray Pitts, Blanco, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

97. Jim Baker, Edmond, OK Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

98. Jim Marris, Lebanon, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

100. Jerery Pitts, Blanco, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

112. Sharon Pole, Connorville, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

113. J.C. Pole, Connorville, OK, Witness' testimony will be irrelevant, likely to lead to juror confusion and needlessly cumulative. FED. R. EVID. 401, 402, 403

115. All witnesses by all other parties to which Plaintiffs do not object. Defendants object to a non-specific listing of witnesses.

Defendant City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat, and Naomi O'Daniels' Witnesses in Chief:

1. Malcom Wade, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

2. Niky Hibdon, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

3. Lloyd James, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

4. John Wheat, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

5. Naomi O'Daniels, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

6. Jack England, Talihina, OK, will testify regarding the allegations in Plaintiffs' Amended Complaint.

7. Douglas G. Dry, Plaintiff/Wilburton, OK, will testify regarding his claims.

Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long's Witnesses in Chief:

1. Juanita McConnell, Plaintiff, will testify regarding her claims.

2. Rosie Burlison, Plaintiff, will testify regarding her claims.

3. Bob Burlison will testify regarding the events of September 4, 1995 and Plaintiffs' claims.

4. Pat Dry will testify regarding the events of occurring within the Clayton and Talihina jails on September 4, 1995 and Plaintiffs' claims.

5. Eldon Hokit, Durant, OK, will testify regarding the discussions conveyed to the Talihina Police Department personnel on September 4, 1995.

USA's Witnesses in Chief:

1. Jim Fields, Area Director, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

2. Dennis Wickliffe, Acting Area Director, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

3. Curtis Wilson, Supervisor Contract Specialist, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

4. Dennis Springwater, Area Tribal Operations Officer, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

5. Karen Ketcher, Supervisory Tribal Operations Specialist, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

6. Perry Procter, Area Criminal Investigator, Muskogee Area Office, BIA, 101 N. 5th Street, Muskogee, OK 74401-6206

7. Larry Mings, Superintendent, Talihina Agency, BIA, P.O. Drawer H, Talihina, OK 74571

Former BIA Employees:

8. Merritt Youngdeer, Former Area Director, Muskogee Area Office, BIA.

9. Jack Pate, Former Superintendent, Talihina Agency, BIA.

Former Solicitor's Office Employee:

10. Emmett Rice, Former Assistant Regional Solicitor.

Choctaw Employees:

11. Kim Reed, Director of Law Enforcement, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

12. Robert Lee Rabon, Esq., Choctaw Nation of Oklahoma Court of Indian Offenses Prosecutor, 402 E. Jackson, P.O. Box 726, Hugo, OK 74743

13. Bob Rabon, Esq., General Counsel, Choctaw Nation of Oklahoma, 402 E. Jackson, P.O. Box 726, Hugo, OK 74743

14. W. B. "Hoppy" Denison, Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

15. Bill Barrow, Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

16. Chris Welch, Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

17. Steven Flowers, Former Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

18. Mike Russell, Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

19. Eldon Hokit, Tribal Police Officer, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

20. Blake Johnico, Bingo Hall Security Guard, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

21. Kenneth Johnson, Bingo Hall Security Guard, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 74702-1210

X.

HAVING MET AND CONFERRED AS REQUIRED BY LOCAL RULE 16.2, THE PARTIES CONSIDER SETTLEMENT TO BE: (state the possibility or probability of settlement of all or any part of the case.)

Counsel for the City of Clayton and City of Talihina and their individually-named Defendants had previously discussed settlement with Plantiff's counsel, Scott Kayla Morrison. The Parties were unable to reach any agreements. The probability of settlement of these Defendants' claims with the Plaintiffs is not likely.

XI.

THIS PRETRIAL ORDER, AS FILED, SHOULD SUPERSEDE THE PLEADINGS AND GOVERN THE TRIAL AND SUBSEQUENT DISPOSITION OF THIS CASE, UNLESS MODIFIED BY THE COUR TO PREVENT MANIFEST JUSTICE. Rule 16, Federal Rules of Civil Procedure.

Dated the _____ day of July, 1999.

_________________________________________
Michael Burrage, U.S. District Judge

APPROVED AS TO FORM AND CONTENT:

_________________________________________
Douglas G. Dry, OBA#12653
103 _ West Main
Post Office Box 637
Wilburton, Oklahoma 74578
Attorney for Plaintiffs

___________________________________________
Eric D. Janzen, OBA #13826
Charles D. Neal, Jr.
Steidley & Neal
P.O. Box 1165
McAlester, Oklahoma 74502
Attorneys for Defendants City of Talihina, Jack England,
Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat,
Naomi O'Daniels, City of Clayton, Terry Bell, Rowland
Hall, Mike Van Horn, Darrell Kirkes, Rebecca Johnson
and Jimmy Long.

___________________________________________
Peter Bernhardt, Esq.
Special Assistant U.S. Attorney
U.S. District Court
Northern District of Oklahoma
333 West 4th Street, Suite 3460
Tulsa, Oklahoma 74103-3809
Attorney for United States of America

I hereby certify that on the 8th day of July 1999, a true and correct copy of the foregoing Pretrial Order was mailed via U.S. Postal, with proper postage thereon fully prepaid to the following:

Mr. Peter Bernhardt, Esq.
Special Assistant U.S. Attorney
U.S. District Court
Northern District of Oklahoma
333 West 4th Street, Suite 3460
Tulsa, Oklahoma 74103-3809

Eric D. Janzen
Charles D. Neal, Jr.
P.O. Box 1165
McAlester, Oklahoma 74502

______________________________
Douglas G. Dry
Attorney At Law
P.O. Box 637
Wilburton, Oklahoma 74578
(918)465-5033