Complaint contained four claims: (1) that the government’s regulations violated their First, Fifth and Fourteenth Amendment rights to vote in Osage tribal elections and to participate in the Osage Tribe’s government; (2) that the government breached its trust responsibilities by (a) eliminating plaintiffs’ right to participate or vote in Osage tribal elections, and (b) allowing headrights to be alienated to persons not of Osage blood; (3) that the government’s failure to manage the Tribe’s assets, coupled with the government’s inability to keep Osage headrights from passing into the hands of those who are not of Osage blood, constituted a Fifth Amendment taking; and (4) that federal regulations restricting plaintiffs’ right to participate in tribal government constituted illegal agency action pursuant to the Administrative Procedures Act, 5 U.S.C. § 706.
Request for fees denied. Court awarded costs because Plaintiff was a prevailing party and the "substantially justified" criteria doesn't apply to costs. Plaintiffs have appealed to the 10th Circuit.