Archives West Finding Aid
Table of Contents
James and Linda Mooney papers, 1991-2010
Overview of the Collection
- Creator
- Mooney, James Flaming Eagle (James Warren), 1944-
- Title
- James and Linda Mooney papers
- Dates
- 1991-2010 (inclusive)19912010
- Quantity
- 21 linear feet, (41 boxes)
- Collection Number
- ACCN 2722
- Summary
- The James and Linda Mooney papers (1991-2010) chronicle the Mooney's legal battles regarding the 1st Amendment's Freedom of Religion clause, as it applies to Native American Spirituality and peyote use. The Mooneys were involved in several court battles, at both a state and national level, trying to resolve the ambiguity of United States drug law as it applies to religious usage.
- Repository
-
University of Utah Libraries, Special Collections
Special Collections, J. Willard Marriott Library
University of Utah
295 South 1500 East
Salt Lake City, UT
84112-0860
Telephone: 8015818863
special@library.utah.edu - Access Restrictions
-
Twenty-four hour advanced notice encouraged. Materials must be used on-site. Access to parts of this collection may be restricted under provisions of state or federal law.
- Languages
- English
Historical NoteReturn to Top
In the late 1990s James Warren "Flaming Eagle" Mooney and his wife Linda Taylor "Bright Hawk" Mooney founded Oklevueha EarthWalks Native American Church of Utah, Inc. Through this church they conducted a variety of religious ceremonies, including some that involved the hallucinogen peyote. In the United States peyote is considered a Schedule 1 drug, and is illegal to buy, sell, possess, or consume, unless the drug is to be used in a "bona-fide religious ceremony of a Native American Church." The Mooneys interpreted this exemption to mean that anyone who was a member of their church could legally use peyote in their ceremonies, and as such welcomed church members of both Native and non-Native heritage. They were eventually arrested and charged with several felony drug counts related to supplying peyote to persons with little to no Native American ancestry. The Mooneys fought back, alleging that the government's actions effectively amounted to restricting citizens' religious freedoms on the basis of race, and were as such unconstituional.
Content DescriptionReturn to Top
The collection consists mainly of photocopies of various documents from the Mooney family, law enforcement, and various legal professionals, related to prosecuting and defending the various Mooney court cases. There is also a small amount of personal correspondence, family history, Native American Spirituality information, and other assorted documents.
The latter part of the collection consists of a large volume of Bates-numbered legal documents, likely compiled during the discovery process preceding the State of Utah v. James Mooney case. Many of the documents found in this section can also be found elsewhere in the collection (unnumbered), and vice versa.
Use of the CollectionReturn to Top
Restrictions on Use
The library does not claim to control copyright for all materials in the collection. An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR, part 46 (Protection of Human Subjects). For further information, please review the J. Willard Marriott Library's Use Agreement and Reproduction Request forms.
Preferred Citation
Collection Name, Collection Number, Box Number, Folder Number. Special Collections, J. Willard Marriott Library, The University of Utah.
Administrative InformationReturn to Top
Arrangement
The collection is arranged mainly by subject, with each box or group of boxes containing subject files on a certain topic, from a certain group, or regarding a certain case.
Acquisition Information
Gift of Robert Beckstead in 2013.
Processing Note
Processed by Michael Bills in 2013.
Click here to read a statement on harmful language in library records.
Related Materials
Forms part of the Aileen H. Clyde 20th Century Women's Legacy Archives.
Detailed Description of the CollectionReturn to Top
Personal MaterialsReturn to Top
| Container(s) | Description | Dates |
|---|---|---|
| Box | ||
| 1 | Personal and Biographical Materials
Mooney's resume, autobiographical information, and other items not directly related to litigation.
|
1998-2009 |
| 2 | Correspondence
Largely personal correspondence, not directly related to litigation.
|
Legal MaterialsReturn to Top
| Container(s) | Description | Dates |
|---|---|---|
| Box | ||
| 3 | Prison Correspondence
Correspondence from prison inmates, generally testimonials from inmates who were helped by Mooney's work in the prison system.
|
|
| 4 | Legal Correspondence
Litigation-related letters. Includes long-form letters to Utah politicians, soliciting their help with legal issues.
|
2004-2010 |
| 5-6 | Native American Spirituality Background Information |
1996-2006 |
| 7 | Clippings
Newspaper clippings related to the various Mooney legal cases, peyote, etc.
|
1997-2004 |
Articles by AuthorReturn to Top
| Container(s) | Description | Dates | |
|---|---|---|---|
| Box | Folder | ||
| 8 | 1 | "The Art of Sharing" |
|
| 8 | 2 | Carter, Robert D., "Indians v. Settlers in Battle of Provo River" |
|
| 8 | 3 | Cook, Brian, "Iroquois Confederacy and the Influene Thesis" |
2000 |
| 8 | 4 | Dixon, Howard, "Cannabis sativa" |
|
| 8 | 5 | "Freedom of Religion for the Native American Church" |
|
| 8 | 6 | Gahlinger, Paul and Mooney, James "American Native Recidivism Reduction Program" |
2004 |
| 8 | 7 | "The Interactive Systemic Approach" |
|
| 8 | 8 | Mooney, James and Tom, Gary, "Report for Senator Mike Dmitrich, District 27, In Support of Oklevueha Earthwalks Native American Church of Utah Inc." |
|
| 8 | 9 | Phillips, Michael R., "Intermediate Sanctions for Juvenile Offenders: A Utah Juvenile Court Case Study" |
2005 |
| 8 | 10 | "Business Plan Portneuf Integrative Health Center of Excellence at Portneuf Medical Center" |
2006 |
| 8 | 11 | Spiritual Journey- Peru |
1998 |
| 8 | 12 | U.S. Commission on Civil Rights, "Broken Promises: Evaluating the Native American Health Care System" |
2004 |
| 8 | 13 | Wesley, Doug, "Connecting: One Two-Legged's Experience of a Native American Sweat Lodge" |
People Files, by Last NameReturn to Top
| Container(s) | Description | |
|---|---|---|
| Box | Folder | |
| 9 | 1 | Baker, William |
| 9 | 2 | Buckley, John |
| 9 | 3 | Collard, Kathryn |
| 9 | 4 | Corporon, Mary |
| 9 | 5 | Corporon, Williams, and Bradford |
| 9 | 6 | Crawley, Clint |
| 9 | 7 | Dayley, Mark |
| 9 | 8 | Doug and Terry |
| 9 | 9 | Fool Bull, Kirk |
| 9 | 10 | Francis, Darold |
| 9 | 11 | Holland, Terri |
| 9 | 12 | Jensen, Amy |
| 9 | 13 | Johnson, Timothy |
| 9 | 14 | Johnson, Salvador |
| 9 | 15 | Mangrum, Kelly |
| 9 | 16 | Marshall, Randall |
| 9 | 17 | Moon, Gwen |
| 9 | 18 | Morris, Lance |
| 9 | 19 | Myers, Don |
| 9 | 20 | Stark, Nick |
| 9 | 21 | Yokum, Nick |
Oklevueha Earthwalks Native American ChurchReturn to Top
| Container(s) | Description | Dates |
|---|---|---|
| Box | ||
| 10-11 | Oklevueha Earthwalks Native American Church Materials
Legal and operational documents related to the founding, operation, and history of the Oklevueha Earthwalks Native American Church, established by James and Linda Mooney.
|
|
| 12 | Oklevueha Earthwalks Ceremony Waiver Forms
Signed waivers from participants in Oklevueha ceremonies.
|
1998-2000 |
Legal ResearchReturn to Top
| Container(s) | Description | Dates | |
|---|---|---|---|
| Box | Folder | ||
| 13 | 1 | Alberto R. Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal: Brief of Douglas Laycock as Amicus Curiae in Support of Respondents |
2005 |
| 13 | 2 | Alberto R. Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal: Brief of the Council on Spiritual Practices |
|
| 13 | 3 | Peyote (Legal) |
|
| 13 | 4 | Equal Protection Cases |
|
| 13 | 5 | Equal Protection Cases |
|
| 13 | 6 | United States of America v. Robert Lawrence Boyle; Memorandum Opinion and Order |
1991 |
| 13 | 7 | Sweat Lodge Law Suit |
General Legal MaterialsReturn to Top
| Container(s) | Description |
|---|---|
| Box | |
| 14 | Legal Materials
Assorted documents related to the various legal actions James and Linda Mooney have been involved with since 1997.
|
| 15 | Partial James Mooney Legal Exhibit Set
Bates Number 00-070, Exhibits 20-57 (incomplete)
|
Hanging FilesReturn to Top
Possibly from the State of Utah v. James Mooney prosecution team.
| Container(s) | Description | Dates | |
|---|---|---|---|
| Box | Folder | ||
| 16 | 1 | Amici Briefs |
|
| 16 | 2 | A Shii Beto |
|
| 16 | 3 | Crime Lab |
|
| 16 | 4 | DEA Diversion Info |
|
| 16 | 5 | Florida Bufurdy |
|
| 16 | 6 | Fool Bull, South Dakota |
|
| 16 | 7 | Gunnison City |
|
| 16 | 8 | Heritage |
|
| 16 | 9 | Holland, Terri |
|
| 16 | 10 | Mitchell, Johnson |
|
| 17 | 1 | Meskey, Jeffrey Vernon |
2000-2001 |
| 17 | 2 | Military Take-Home Peyote |
1997 |
| 17 | 3 | Peyote Conversion Chart |
|
| 17 | 4 | Pritchard |
|
| 17 | 5 | LT. Robinson, Jeff |
|
| 17 | 6 | Stark, Nick |
|
| 17 | 7 | Utah Supreme Court |
|
| 17 | 8 | Whitesides, Lynn |
2005 |
| 18 | Legal Documents |
1997-2006 | |
| 19 | Legal Documents by Subject |
||
| 20 | State of Utah v. James Mooney
Documents related to the initial peyote case against Mooney.
|
||
| 21 | United States of America v. James Mooney
Documents related to the case re-opened by federal prosecutors.
|
||
| 22 | James Mooney v. Kay Bryson, Misc. Other Evidence
Documents related to Mooney's suit against prosecutor Kay Bryson.
|
||
| 23 | Central Utah Correctional Facility Lawsuit Materials
Documents related to James Mooney's wrongful termination suit against his former employer, CUCF.
|
||
| 24 | Central Utah Correctional Facility Materials |
||
| 25-26 | James Mooney and Merrilee Petersen v. The Utah Department of Corrections Materials |
||
| 27 | Bates Set 00001-00900 |
||
| 28 | Bates Set 00901-01600 |
||
| 29 | Bates Set 01601-02481 |
||
| 30 | Bates Set 02595-03291 |
||
| 31 | Bates Set 03292-04138 |
||
| 32 | Bates Set 04139-04895 |
||
| 33 | Bates Set 04896-05769 |
||
| 34 | Bates Set 05770-06472 |
||
| 35 | Bates Set 06473-07373 |
||
| 36 | Bates Set 07374-08301 |
||
| 37 | Bates Set 08302-08986 |
||
| 38 | Bates Set 08987-09709 |
General MaterialsReturn to Top
| Container(s) | Description |
|---|---|
| Box | |
| 39 | Card File
Business cards, donation receipts, etc.
|
| 40 | Clippings (newsprint) |
| 41 | NAC Concept Art
Conceptual sketches and diagrams of a large Native American Church compound that the Mooneys aspired to build.
|
Names and SubjectsReturn to Top
Subject Terms
- Constitutional law--Religious aspects
- Constitutional law--United States--Cases
- Freedom of religion--United States
- Hallucinogenic drugs and religious experience--Law and legislation
- Indians of North America--Utah--Rites and ceremonies
- Peyote--Law and legislation--United States
- Peyotism--Utah
Personal Names
- Mooney, James Flaming Eagle (James Warren), 1944---Archives
- Mooney, James Flaming Eagle (James Warren), 1944---Trials, litigation, etc.
- Mooney, Linda Bright Hawk--Archives
Corporate Names
- Oklevueha Native American Church--Records and correspondence
Form or Genre Terms
- Business correspondence
- Clippings (Books, newspapers, etc.)
- Law Materials
- Personal correspondence
- Photocopies
Finding aid created by Michael Bills.
2013 (last modified: 2019)
