IN THE TRIBAL COURT
OF THE
CHOCTAW NATION OF OKLAHOMA

ROBERT L. GARDNER,

Plaintiff,

VS:

HOLLIS ROBERTS, in his capacity of Chief of the Choctaw Nation of Oklahoma and the Choctaw Nation of Oklahoma,

Defendants.

Case No: C-82-3

O R D E R

NOW on this 14th day of September, 1982, the above styled and numbered case came on for hearing on the Defendants' Demurrer filed herein.

The party Plaintiff, Robert L. Gardner, and his attorney, Gary S. Pitchlynn, were present in open court. Bob Rabon, attorney for the Defendants, Choctaw Nation of Oklahoma, and Hollis Roberts, was present in open court.

After hearing argument and deliberating on the demurrer,: it is

ORDERED ADJUDGED AND DECREED the demurrer is sustained and the case is hereby dismissed.

FINDINGS OF THE COURT

1. The Court finds that the Choctaw Nation of Oklahoma is a sovereign government and enjoys immunity from suit unless and until appropriate action or authority waiving sovereign immunity is granted by the tribe.

2. The Court further finds that pursuant to Article VI, Section 7, and Article VII, Section 8, of the Provisional Constitution of the Choctaw Nation of Oklahoma, the Chief of the Choctaw Nation of Oklahoma can summarily remove the Assistant Chief from office and the decision to remove him is totally discretionary with the Chief.

Dated.this 14th day of September, 1982.


See also Demurrers