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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)
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
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Historical Note

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.

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Content Description

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.

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Use of the Collection

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.

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Administrative Information

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.

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Detailed Description of the Collection

  • Personal Materials

    • Description: Personal and Biographical Materials

      Mooney's resume, autobiographical information, and other items not directly related to litigation.

      Dates: 1998-2009
      Container: Box 1
      Location: Personal Materials
    • Description: Correspondence

      Largely personal correspondence, not directly related to litigation.

      Container: Box 2
      Location: Personal Materials

  • Legal Materials

    • Description: Prison Correspondence

      Correspondence from prison inmates, generally testimonials from inmates who were helped by Mooney's work in the prison system.

      Container: Box 3
      Location: Legal Materials
    • Description: Legal Correspondence

      Litigation-related letters. Includes long-form letters to Utah politicians, soliciting their help with legal issues.

      Dates: 2004-2010
      Container: Box 4
      Location: Legal Materials
    • Description: Native American Spirituality Background Information
      Dates: 1996-2006
      Container: Box 5-6
      Location: Legal Materials
    • Description: Clippings

      Newspaper clippings related to the various Mooney legal cases, peyote, etc.

      Dates: 1997-2004
      Container: Box 7
      Location: Legal Materials

  • Articles by Author

    • Description: "The Art of Sharing"
      Container: Box 8, Folder 1
      Location: Articles by Author
    • Description: Carter, Robert D., "Indians v. Settlers in Battle of Provo River"
      Container: Box 8, Folder 2
      Location: Articles by Author
    • Description: Cook, Brian, "Iroquois Confederacy and the Influene Thesis"
      Dates: 2000
      Container: Box 8, Folder 3
      Location: Articles by Author
    • Description: Dixon, Howard, "Cannabis sativa"
      Container: Box 8, Folder 4
      Location: Articles by Author
    • Description: "Freedom of Religion for the Native American Church"
      Container: Box 8, Folder 5
      Location: Articles by Author
    • Description: Gahlinger, Paul and Mooney, James "American Native Recidivism Reduction Program"
      Dates: 2004
      Container: Box 8, Folder 6
      Location: Articles by Author
    • Description: "The Interactive Systemic Approach"
      Container: Box 8, Folder 7
      Location: Articles by Author
    • Description: Mooney, James and Tom, Gary, "Report for Senator Mike Dmitrich, District 27, In Support of Oklevueha Earthwalks Native American Church of Utah Inc."
      Container: Box 8, Folder 8
      Location: Articles by Author
    • Description: Phillips, Michael R., "Intermediate Sanctions for Juvenile Offenders: A Utah Juvenile Court Case Study"
      Dates: 2005
      Container: Box 8, Folder 9
      Location: Articles by Author
    • Description: "Business Plan Portneuf Integrative Health Center of Excellence at Portneuf Medical Center"
      Dates: 2006
      Container: Box 8, Folder 10
      Location: Articles by Author
    • Description: Spiritual Journey- Peru
      Dates: 1998
      Container: Box 8, Folder 11
      Location: Articles by Author
    • Description: U.S. Commission on Civil Rights, "Broken Promises: Evaluating the Native American Health Care System"
      Dates: 2004
      Container: Box 8, Folder 12
      Location: Articles by Author
    • Description: Wesley, Doug, "Connecting: One Two-Legged's Experience of a Native American Sweat Lodge"
      Container: Box 8, Folder 13
      Location: Articles by Author

  • People Files, by Last Name

  • Oklevueha Earthwalks Native American Church

    • Description: 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.

      Container: Box 10-11
      Location: Oklevueha Earthwalks Native American Church
    • Description: Oklevueha Earthwalks Ceremony Waiver Forms

      Signed waivers from participants in Oklevueha ceremonies.

      Dates: 1998-2000
      Container: Box 12
      Location: Oklevueha Earthwalks Native American Church

  • Legal Research

    • Description: Alberto R. Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal: Brief of Douglas Laycock as Amicus Curiae in Support of Respondents
      Dates: 2005
      Container: Box 13, Folder 1
      Location: Legal Research
    • Description: Alberto R. Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal: Brief of the Council on Spiritual Practices
      Container: Box 13, Folder 2
      Location: Legal Research
    • Description: Peyote (Legal)
      Container: Box 13, Folder 3
      Location: Legal Research
    • Description: Equal Protection Cases
      Container: Box 13, Folder 4
      Location: Legal Research
    • Description: Equal Protection Cases
      Container: Box 13, Folder 5
      Location: Legal Research
    • Description: United States of America v. Robert Lawrence Boyle; Memorandum Opinion and Order
      Dates: 1991
      Container: Box 13, Folder 6
      Location: Legal Research
    • Description: Sweat Lodge Law Suit
      Container: Box 13, Folder 7
      Location: Legal Research

  • General Legal Materials

    • Description: Legal Materials

      Assorted documents related to the various legal actions James and Linda Mooney have been involved with since 1997.

      Container: Box 14
      Location: General Legal Materials
    • Description: Partial James Mooney Legal Exhibit Set

      Bates Number 00-070, Exhibits 20-57 (incomplete)

      Container: Box 15
      Location: General Legal Materials

  • Hanging Files

    Possibly from the State of Utah v. James Mooney prosecution team.

    • Description: Amici Briefs
      Container: Box 16, Folder 1
      Location: Hanging Files
    • Description: A Shii Beto
      Container: Box 16, Folder 2
      Location: Hanging Files
    • Description: Crime Lab
      Container: Box 16, Folder 3
      Location: Hanging Files
    • Description: DEA Diversion Info
      Container: Box 16, Folder 4
      Location: Hanging Files
    • Description: Florida Bufurdy
      Container: Box 16, Folder 5
      Location: Hanging Files
    • Description: Fool Bull, South Dakota
      Container: Box 16, Folder 6
      Location: Hanging Files
    • Description: Gunnison City
      Container: Box 16, Folder 7
      Location: Hanging Files
    • Description: Heritage
      Container: Box 16, Folder 8
      Location: Hanging Files
    • Description: Holland, Terri
      Container: Box 16, Folder 9
      Location: Hanging Files
    • Description: Mitchell, Johnson
      Container: Box 16, Folder 10
      Location: Hanging Files
    • Description: Meskey, Jeffrey Vernon
      Dates: 2000-2001
      Container: Box 17, Folder 1
      Location: Hanging Files
    • Description: Military Take-Home Peyote
      Dates: 1997
      Container: Box 17, Folder 2
      Location: Hanging Files
    • Description: Peyote Conversion Chart
      Container: Box 17, Folder 3
      Location: Hanging Files
    • Description: Pritchard
      Container: Box 17, Folder 4
      Location: Hanging Files
    • Description: LT. Robinson, Jeff
      Container: Box 17, Folder 5
      Location: Hanging Files
    • Description: Stark, Nick
      Container: Box 17, Folder 6
      Location: Hanging Files
    • Description: Utah Supreme Court
      Container: Box 17, Folder 7
      Location: Hanging Files
    • Description: Whitesides, Lynn
      Dates: 2005
      Container: Box 17, Folder 8
      Location: Hanging Files
    • Description: Legal Documents
      Dates: 1997-2006
      Container: Box 18
      Location: Hanging Files
    • Description: Legal Documents by Subject
      Container: Box 19
      Location: Hanging Files
    • Description: State of Utah v. James Mooney

      Documents related to the initial peyote case against Mooney.

      Container: Box 20
      Location: Hanging Files
    • Description: United States of America v. James Mooney

      Documents related to the case re-opened by federal prosecutors.

      Container: Box 21
      Location: Hanging Files
    • Description: James Mooney v. Kay Bryson, Misc. Other Evidence

      Documents related to Mooney's suit against prosecutor Kay Bryson.

      Container: Box 22
      Location: Hanging Files
    • Description: Central Utah Correctional Facility Lawsuit Materials

      Documents related to James Mooney's wrongful termination suit against his former employer, CUCF.

      Container: Box 23
      Location: Hanging Files
    • Description: Central Utah Correctional Facility Materials
      Container: Box 24
      Location: Hanging Files
    • Description: James Mooney and Merrilee Petersen v. The Utah Department of Corrections Materials
      Container: Box 25-26
      Location: Hanging Files
    • Description: Bates Set 00001-00900
      Container: Box 27
      Location: Hanging Files
    • Description: Bates Set 00901-01600
      Container: Box 28
      Location: Hanging Files
    • Description: Bates Set 01601-02481
      Container: Box 29
      Location: Hanging Files
    • Description: Bates Set 02595-03291
      Container: Box 30
      Location: Hanging Files
    • Description: Bates Set 03292-04138
      Container: Box 31
      Location: Hanging Files
    • Description: Bates Set 04139-04895
      Container: Box 32
      Location: Hanging Files
    • Description: Bates Set 04896-05769
      Container: Box 33
      Location: Hanging Files
    • Description: Bates Set 05770-06472
      Container: Box 34
      Location: Hanging Files
    • Description: Bates Set 06473-07373
      Container: Box 35
      Location: Hanging Files
    • Description: Bates Set 07374-08301
      Container: Box 36
      Location: Hanging Files
    • Description: Bates Set 08302-08986
      Container: Box 37
      Location: Hanging Files
    • Description: Bates Set 08987-09709
      Container: Box 38
      Location: Hanging Files

  • General Materials

    • Description: Card File

      Business cards, donation receipts, etc.

      Container: Box 39
      Location: General Materials
    • Description: Clippings (newsprint)
      Container: Box 40
      Location: General Materials
    • Description: NAC Concept Art

      Conceptual sketches and diagrams of a large Native American Church compound that the Mooneys aspired to build.

      Container: Box 41
      Location: General Materials

Finding aid created by Michael Bills.
2013 (last modified: 2019)

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