Tenth Circuit Sends Barrick Case Back for Review Under Walden

On September 21, 2026, the United States Court of Appeals for the Tenth Circuit vacated the judgment that had ended our federal civil rights case over the death of Bobby Dale Barrick and remanded it to the district court for further proceedings consistent with its recent decision in Walden v. City of Duncan. The case is Barrick v. Kasbaum, No. 25-7082. Chris Camp and I represent Barbara Barrick, his wife and the administrator of his estate.

The Case

Bobby Barrick was a citizen of the Choctaw Nation. In March 2022 he encountered two McCurtain County sheriff's deputies and an Oklahoma Department of Wildlife Conservation game warden in McCurtain County, and he died later that month. The estate alleges the officers used excessive force. Those are allegations the estate must prove, and the officers deny them.

Federal civil rights claims against officers are brought under 42 U.S.C. § 1983, which reaches people acting under color of state law. These officers also held Choctaw Nation cross-commissions, and the district court granted them summary judgment on the ground that they were not acting under color of state law.

What Walden Changed

While our appeal was pending, the Tenth Circuit decided Walden on August 12, 2026. A Duncan police officer who also held a Chickasaw Nation commission arrested a Choctaw man, and the district court there ruled that the officer had acted under tribal authority. The Tenth Circuit reversed, holding that the ruling "was based on a misconception of the applicable law." It held that a state officer may stop a suspect, "detain him while conducting an initial investigation, and then either hold him until the arrival of tribal officers or transport him to tribal authorities," and that "even if at some point his actions became unlawful, he may still have been acting under color of state law." The court then ordered supplemental briefing in our case, canceled oral argument, and decided the appeal on the briefs.

What the Ruling Does

In a short per curiam order and judgment, a panel of Circuit Judges Matheson and Phillips and U.S. District Judge David H. Urias, sitting by designation, vacated the judgment for the officers and remanded for further proceedings consistent with Walden. The Tenth Circuit did not decide who wins. It sent the case back so the district court can analyze it again under the Walden framework. The order is unpublished, which means it governs this case but is not precedent for others.

What Comes Next

The officers have 14 days to seek rehearing, and the officers in Walden have asked the full Tenth Circuit to rehear that decision. Once the appeal is final, the case returns to the Eastern District of Oklahoma for that analysis. After more than four years, Barbara Barrick will have her claims considered under the right law.

If a law enforcement officer in Indian country hurt you or someone in your family, a tribal cross-commission does not necessarily end a federal civil rights claim. These cases turn on their facts, and deadlines apply. Call Garrett Law at (918) 221-6190.

For the full picture of our three McCurtain County jail cases, read After Kill. Bury. Print.

Related: Oklahoma civil rights attorney; Garrett Law in the News. To talk about your own situation, request a free consultation.

This post is general information, not legal advice. Past results do not guarantee a similar outcome.