THE OKLAHOMA BAR JOURNAL 50 | MARCH 2025 CIVIL ACTIONS (NONDISCIPLINE) INVOLVING THE OBA The Office of the General Counsel represented the Oklahoma Bar Association in several civil (non- discipline) matters during 2024. Several cases carried forward into 2025. The following is a summary of all 2024 civil actions against or involving the Oklahoma Bar Association: Alberta Rose Jones v. Eric Bayat, et al., Lincoln County District Court No. CJ-2021-21. Rose filed a Complaint on March 5, 2021. Rose named ten defendants and “Does 1-25,” including the Oklahoma Bar Association and an Assistant General Counsel. Jones alleged that the Oklahoma Bar Association failed to achieve her son’s legal goals. To date, the Oklahoma Bar Association has not been served. This matter was transferred to Kay County District Judge Turner. Alberta Rose Jones v. Eric Bayat, et al., Lincoln County District Court No. CJ-2022-27. Rose filed a Petition on February 25, 2022 against 11 named defendants and 10 “Doe” defendants. The Petition alleged the Oklahoma Bar Association ignored Open Records Act requests and her dissatisfaction at the resolution of bar grievances. The Oklahoma Bar Association filed a motion to dismiss on March 23, 2022. On April 11, 2022, this matter was transferred to Payne County District Judge Corley. This matter was dismissed May 2, 2024. Rigsby v. Burkhulter, et al., United States District Court for the Eastern District of Oklahoma, Case No. CIV-22-287. Rigsby filed a Complaint against multiple defendants – including the Oklahoma Bar Association – on October 7, 2022. Although the facts are unclear, Rigsby appears to contend that the Oklahoma Bar Association failed to enjoin his public defenders from violating his “rights” and would not appoint counsel for him. The Oklahoma Bar Association has not been served. On November 28, 2022, the court dismissed Rigsby’s action without prejudice for the failure to pay the entire filing and administrative fees as directed by the court. Rigsby appealed multiple decisions of the Court. Currently, Tenth Circuit Court of Appeals Case No. 24-7000 is pending. Rigsby v. Burkhulter, et al., United States Court of Appeals for the Tenth Circuit, Case No. 24-7000. On January 4, 2024, Rigsby filed his third appeal of an order in CIV-22-287 regarding the Court’s denial of his “motion to show new truths in case” and his “motion to show that it’s not withstanding to close case.” Matter terminated without judicial action and mandate was issued on February 1, 2024. Winningham v. Gina L. Hendryx, Oklahoma County Case No. CJ-2023-3789. On July 7, 2023, Plaintiff filed an action for declaratory relief. The Oklahoma Bar Association moved to dismiss the matter. After hearing argument, this matter was dismissed on November 2, 2023. Winningham has since filed post-trial motions and the Oklahoma Bar Association has responded. This matter is pending. Mitchell v. Hill et al, United States District Court for the Western District of Oklahoma, Case No. CIV-23-686. Plaintiff filed a 42 USC §1983 action against the Oklahoma Bar Association and several other defendants on August 4, 2023. The Oklahoma Bar Association was not served. On April 24, 2024, the court dismissed the matter without prejudice. BlueviewTam Farm, LLC, et al., v. Jones Brown, et al., Tulsa County Case No. CJ-2023-3033. Ronald Durbin filed a class action suit on behalf of multiple plaintiffs alleging a variety of causes of actions against the Oklahoma Bar Association and two staff members. The Oklahoma Bar Association defendants have not been served. This matter is pending. Gravlee v. State of Oklahoma, et al. United States District Court for the Western District of Oklahoma, Case No. CIV-24-167. Plaintiff filed suit February 14, 2024 against the OBA and multiple other defendants for apparent violations of 42 U.S.C. § 1983 and other claims. This matter was dismissed without prejudice on October 11, 2024. Margaret Lowery v. Miller, et al., United States District Court for the Northern District of Oklahoma, Case No. CIV-24-204. On May 2, 2024, Plaintiff filed suit against multiple defendants, including members of the Illinois Supreme Court Attorney Registration and Discipline Commission, the Oklahoma Supreme Court, and the Oklahoma Bar Association. Lowery’s prolific filings required responses. On September 13, 2024, days prior to the hearing on motions and Plaintiff’s and her attorney’s show cause hearing, Lowery dismissed the Oklahoma Bar Association from the action. Durbin v. Oklahoma Bar Association, et al., United States District Court for the Northern District of Oklahoma, Case No. CIV-24-603. On December 12, 2024, Plaintiff filed a 326 page Complaint against the Oklahoma Bar Association and in excess of 90 other defendants. This matter was dismissed without prejudice by the presiding judge on January 23, 2025.
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