Paralegal Mark Anthony Given compiles Winning Federal Cases published in the Federal Report on subjects from Criminal Law, Habeas Corpus, Social Security Disability and the Bureau of Prisons and is available for legal writing and research at markamania2002@yahoo.com

Thursday, September 07, 2006

OKlahoma Chief Justice sues other Justices

Opala v. Watt, 454 F.3d 1154 (10th Cir. 2006)(Having failed in his desire to be chosen once again Chief Justice of the Oklahoma Supreme Court, Justice Marian P. Opala seeks to invoke the jurisdiction of the federal courts in his effort to achieve that end. He brings to us claims that he was discriminated against on the basis of his age in violation of the Equal Protection Clause and that his due process rights were violated when his colleagues on the Oklahoma Supreme Court changed the rule of rotation for elevation of a Chief Justice from one which precluded re-election to that position for more than one consecutive term to one which lifted that prohibition and re-elected Joseph P. Watt as Chief Justice. Because no prospective equitable relief can redress Justice Opala's alleged injury, we REVERSE the judgment of the district court and REMAND with instructions that the district court DISMISS the complaint for want of jurisdiction with prejudice. Justice Opala's "application to file statement regarding disputed facts" is DENIED.

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