Muskogee, Oklahoma - A federal judge has dismissed a case filed by the
United Keetoowah Band of Cherokee Indians of Oklahoma asking that the
Cherokee Nation not be allowed to operate W.W. Hastings Indian Hospital.
James Payne, a U.S. District Judge for the Eastern District of Oklahoma,
ruled that the case could not go forward without the Cherokee Nation as
a party in the lawsuit and dismissed the case.
“The federal government followed the proper steps in contracting
operations of Hastings Hospital to the Cherokee Nation,” said Melissa
Gower, Group Leader for Health Services at Cherokee Nation. “We have
operated the hospital since October 1 and have been making facility
improvements and adding services since then.”
The Cherokee Nation has purchased more than $3 million in new medical
equipment for Hastings since it began operations, and added annual
women’s health exams and private hospital rooms. In the coming months,
the Cherokee Nation will renovate the emergency room and install a new
roof at Hastings. The UKBCIO’s lawsuit would have prevented all those
upgrades in health care for patients of the facility, including members
of the UKBCIO who use W.W. Hastings Indian Hospital.
“The UKB’s elected officials have been rejected by the federal court yet
again with their worn out and losing arguments,” said Chad Smith,
Principal Chief of the Cherokee Nation. “They fought to keep us from
improving health care for all Indians, including their members. Instead
of fighting and losing the same battles over and over again, maybe it’s
time the UKBCIO’s leadership used their time and money to help Cherokees
rather than destroying health care. They continue to claim they have
land base and jurisdiction within the Cherokee Nation while the law says
otherwise, and has said otherwise for 170 years.”
“The Nation is pleased that Judge Payne recognizes that this case cannot
continue without the Cherokee Nation, and that the Nation cannot be
brought into the case without its consent,” said Diane Hammons, Attorney
General for the Cherokee Nation. “That precept is the heart of
sovereign immunity. Any other result would have flown in the face of a
long history of precedent.”
UKB Dismissal Judgement.pdf (30 KB)