Whistleblower’s Verdict Nullified: The Long Fight of David Comingdeer

By Cara Cowan Watts
Cherokee 411

TAHLEQUAH, Okla. — In an exclusive April 2025 interview with Cherokee 411, former Cherokee Nation firefighter David Comingdeer broke his silence on a years-long legal battle that continues to raise questions about tribal transparency, judicial fairness, and the treatment of whistleblowers within the Cherokee Nation government.

The interview accompanies this article and is supported by court documents filed by both Plaintiff David Comingdeer and Defendant Cherokee Nation, as well as a full transcript of the 2022 jury trial.

Comingdeer’s case captured national attention in 2022 when a Cherokee Nation District Court jury awarded him $615,000 in damages after finding that the Nation violated his constitutional right to free speech and retaliated against him for protected whistleblower activity. It was the first civil jury trial held in the Cherokee Nation in more than a century.

But the landmark verdict was overturned a year later, without a new trial, by the very judge who oversaw the proceedings — a decision that stunned observers and fueled ongoing appeals now pending before the Cherokee Nation Supreme Court.

A Career Built on Service

Comingdeer, a 24-year veteran of the Cherokee Nation’s fire management programs, was known for his dedication and stellar performance. In May 2015, he was honored as Employee of the Month and routinely received outstanding evaluations. His career abruptly changed in the fall of that same year after he raised concerns about the potential loss of a $500,000 federal grant that funded critical fire protection services and jobs for Cherokee citizens.

Emails and testimony later revealed that Comingdeer was warned by a U.S. Forest Service representative that the agency was preparing to rescind the grant due to delays and noncompliance by Cherokee Nation Career Services. The funds, the representative noted, could be reallocated to another tribe unless immediate action was taken.

Comingdeer quickly alerted legal, HR, and executive staff. For that, he was suspended without pay for five days and later reassigned to a newly created “Special Projects Officer” role that removed him from fire duties and eliminated his hazard and overtime pay.

Legal Battle and Jury Vindication

In April 2016, Comingdeer filed suit in Cherokee Nation District Court, alleging retaliation and constructive discharge under the 2004 Cherokee Nation Whistleblower Act. The Nation attempted to dismiss the case under sovereign immunity, but the Cherokee Nation Supreme Court ruled that the Whistleblower Act did contain an express waiver, allowing the case to proceed.

In August 2022, after a four-day trial, a jury unanimously found in Comingdeer’s favor, awarding $615,000 in damages and validating his claim that the Nation’s actions forced him out of his job.

But on August 24, 2023 — one year to the day after the verdict — District Judge Luke Barteaux dismissed the case entirely, claiming that the court lacked jurisdiction and that the jury’s decision was not supported by admissible evidence. The ruling was issued without a motion from the Nation and without any warning to Comingdeer’s legal team.

Legal observers noted the rare and controversial nature of the decision. According to the jury trial transcript, both parties had accepted the admission of evidence without objection, and the jury had followed the instructions given by the court itself.

“If there is any competent evidence before the jury… then on appeal the Supreme Court must defer to the jury finding of facts and uphold a jury verdict,” wrote Chad Smith, former Principal Chief of the Cherokee Nation, in Chapter 20 of Cherokee Nation: Proceed Undaunted.

Comingdeer appealed the judge’s dismissal, and the case is now before the Cherokee Nation Supreme Court.

Broader Concerns About Whistleblower Protections

Comingdeer’s story reflects broader tensions over whistleblower protections within the Cherokee Nation. In 2016, the same year Comingdeer filed his lawsuit, the administration of Principal Chief Bill John Baker revised the Whistleblower Act to narrow the definition of who could claim protections and under what circumstances.

The changes were supported by then-Attorney General Todd Hembree and widely criticized by transparency advocates, who argued that the amendments created a chilling effect and offered fewer safeguards for employees who report wrongdoing.

Comingdeer’s case also echoes the experiences of Twyla Pennington, a former community worker who spent more than a decade in litigation over alleged retaliation after raising concerns about misuse of Cherokee community funds. Pennington’s case was ultimately settled out of court in 2024.

Adding to the irony, one of the key figures who disciplined Comingdeer — long-serving Career Services director Diane Kelley — had previously filed her own wrongful discharge suit against the Nation in the 1990s. That case helped lay the legal foundation for the protections invoked by Comingdeer decades later.

The Supreme Court Speaks — and Cherokee Citizens Respond

The Cherokee Nation Supreme Court ultimately upheld Judge Barteaux’s dismissal of the jury verdict, claiming the evidence was not properly admitted — despite the lack of objections during trial and no post-trial motion raising such an issue.

“The Supreme Court held that ‘no reasonable person could believe the (jury’s) verdict is just,’” wrote Chad Smith in Cherokee Nation: Proceed Undaunted. “But the reasonable people serving as jurors believed the verdict was just and they were the ones who heard the evidence.”

In his April 2025 video interview with Cherokee 411, Comingdeer said the outcome left him feeling betrayed — not only by the administration that retaliated against him, but also by a legal system he once trusted.

“After everything I gave to protect our people and lands, I never imagined I’d be pushed out for trying to do the right thing,” he said.

Comingdeer emphasized that he came forward to protect jobs, funding, and services for Cherokee citizens — not to create conflict. But in doing so, he became a symbol of a larger struggle within the Nation: the need for institutions that respect the voices of employees and uphold the rule of law, even when it’s inconvenient.

A Legacy of Accountability?

Despite the setback, Comingdeer’s case has already made history. It was the first successful whistleblower case to make it to a jury trial in the Cherokee Nation and the first in modern memory to yield a jury award for damages — however fleeting.

For many Cherokee citizens, the outcome represents a cautionary tale: of how quickly justice can be reversed and how vulnerable even the most dedicated tribal employees can be when they challenge the system.

As calls for greater transparency grow louder across the Nation, the story of David Comingdeer — as told in his own words and supported by court records, legal filings, and a jury’s unanimous verdict — continues to resonate.

“Justice should not depend on who’s in power,” Comingdeer said in closing. “It should depend on what’s right.”

Based on an May 2025 video interview with David Comingdeer conducted by Cara Cowan Watts of Cherokee 411. Supporting sources include the jury trial transcript, court filings submitted by both parties, and Chapter 20 of Cherokee Nation: Proceed Undaunted by Chad Smith, former Principal Chief of the Cherokee Nation. Watch the video