Free files complaint in relation to Bruner trial

Free files complaint in relation to Bruner trial
(Shutterstock) A complaint filed by Kalyn Free states the Muscogee (Creek) Nation District Court has no jurisdiction to try her in relation to the MCN v. Bruner case due to her not being a Muscogee (Creek) citizen.

Liz Gray/Reporter

Lawsuit filed against Bigler, Dellinger

TULSA, Oklahoma — A complaint has been filed in the U.S. District Court for the Northern District of Oklahoma against Muscogee (Creek) Nation Attorney General Kevin Dellinger and District Court Judge Gregory Bigler by Stephen ‘Bim’ Bruner’s spouse, Kalyn Free in relation to his ongoing case.

Bruner was arrested by MCN in August and charged for illegal gaming crimes in relation to the raid of Embers Grille located on his family’s allotment in Broken Arrow.

Free has been included in the case against her husband.

The motion filed April 4 by Free requests injunctive relief against Dellinger and Bigler in their official capacity, ‘from exercising jurisdiction over plaintiff that they plainly lack.’

Free claims in the case document that Dellinger and Bigler lack the right to prosecute and try her in MCN court because she is not a Muscogee (Creek) citizen.

Free is a citizen of the Choctaw Nation.

Both defendants in the case responded with a motion to dismiss the complaint.

Dellinger filed a motion April 20 to dismiss the complaint for failure to exhaust tribal remedies.

Bigler submitted a motion May 10 stating Free’s claims are barred by sovereign immunity.

The motion concluded, ‘Plantiff has failed to meet her burden to make a substantial showing that tribal jurisdiction is “plainly lacking,”’ and stated Free should be required to exhaust tribal remedies.

Free filed a request May 11 to grant preliminary injunction against Dellinger for failing to respond to the complaint against him.

No further actions in the case have been filed as of press time on May 16.

A decision was made May 7 to place the trial against Bruner on hold pending the Royal v. Murphy case’s status with the U.S. Supreme Court.

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