Durbin v. Claremore: Judge Refuses to Read Pleadings, Citizens Fight Back with Open-Source Lawsuit Templates

A Courtroom Where the Rules Didn't Seem to Apply

On a packed morning in Rogers County District Court, Ron Durbin walked in expecting a fight. He got something worse: a judge who, by her own admission, hadn't bothered to read any of the pleadings filed in the case. What unfolded inside that courtroom left a standing-room-only crowd stunned, and it set the stage for something the City of Claremore almost certainly didn't anticipate: a citizen-led legal offensive built on open-source lawsuit templates now available to anyone willing to file.

The case, Durbin v. City of Claremore, centers on alleged violations of the Oklahoma Open Meeting Act. Durbin's petition argues that the city council conducted business, including directing outside legal counsel, without holding the public meetings required by state law. When city attorney Adam Heaven showed up to oppose Durbin's emergency application for a temporary restraining order, Durbin immediately challenged his authority to appear. His argument was simple: the city council never held a meeting to authorize Heaven to represent them in this litigation. No meeting means no authorization. No authorization means no standing to argue on behalf of the city.

The Judge Who Ruled Before She Listened

Judge Nigh overruled the challenge and allowed Heaven to proceed. From that point, according to Durbin and witnesses present, the hearing took on a one-sided character. Durbin contends the judge argued on behalf of the defendants, made dismissive facial expressions toward his arguments, and then ruled against him before even allowing his co-counsel to present.

When co-counsel Lee stood to address the court, Judge Nigh had already announced her position. His response, delivered in open court, cut to the core of the problem: "Your Honor, you've already decided, so essentially my point of view doesn't matter."

Durbin raised another critical point during the hearing: verified, notarized, and sworn pleadings constitute evidence under Oklahoma law for emergency relief applications. He alleges the judge rejected this, claiming no evidence had been presented, despite the applicable rules treating attested pleadings as exactly that.

What Happened in the Back Room

After the ruling, Durbin requested a Rule 15 conference. What transpired next raises its own set of questions. According to Durbin, the judge sent the court reporter away before the conference began. Durbin objected immediately, insisting on a record because he intended to appeal. The details of what was said in that room, how the judge characterized Durbin's courtroom demeanor versus what the packed gallery actually witnessed, are the kind of details that only the people in that room can speak to fully.

Beale Infrastructure, a non-party entity, also attempted to participate in the Rule 15 conference. Durbin objected, and the judge ultimately excluded them since they had not filed an entry of appearance.

A City Attorney Caught Flat-Footed

Durbin's assessment of opposing counsel was blunt. He describes Adam Heaven's performance as barely coherent, noting the city attorney's primary complaint was that Durbin sends too much information in his pre-litigation communications. Durbin's response: that's called disclosure, and it's exactly what ethical practice requires. Every argument Durbin planned to make in court was previewed to opposing counsel in advance. There were no surprises, except, apparently, the expectation that the rules would be followed.

The question of how Heaven could represent a client on a matter the client's governing body never discussed in an open, lawful meeting remains at the center of this case.

The Open-Source Legal Arsenal

Here is where this story diverges from the typical courtroom loss. Instead of retreating, Durbin is doing something virtually unheard of in litigation: releasing every single filing as free, editable templates for any Claremore or Rogers County resident to use.

The complete package is available for download right now. Every document is in .docx format, meaning anyone can open them in Microsoft Word, Google Docs, or any free word processor, swap out the names and facts, and file their own case.

Download the Complete Filing Package

👉 Download All Documents (ZIP) — One click, every filing in a single package.

Or download individual documents below:

Core Lawsuit Filings

📄 Petition for Declaratory Judgment and Injunctive Relief
The primary lawsuit. Alleges Open Meeting Act violations, constitutional violations, and retaliatory conduct. Requests declaratory and injunctive relief. This is the document you file first to initiate your case.

📄 Emergency Application for TRO and Temporary Injunction
The emergency filing requesting the court to act immediately. Use this when the situation is urgent and you need a temporary restraining order before a full hearing can be scheduled.

📄 Proposed TRO Order
A draft order for the judge to sign. Courts expect you to submit a proposed order with your application. This template is formatted and ready to customize.

📄 Civil Summons
The summons formally notifies defendants they have been sued and must respond within the statutory deadline. You file this with the court clerk alongside your petition.

📄 Exhibit List
An index of all supporting evidence referenced in your petition and emergency application. Organize your exhibits before filing.

Supporting Filings

📄 Evidence of Pre-Filing Notice
Documents the advance notice provided to defendants before filing suit, including arguments about authorization of counsel and Open Meeting Act compliance.

📄 Supplement to Emergency Application
Additional evidence and allegations filed after the initial emergency application, including claims of serial meetings and further Open Meeting Act violations.

📄 Supplement (PDF Version)
PDF version of the supplement for easier public viewing and printing.

📄 Preliminary Exhibits for Injunction
Supporting exhibits and evidence references prepared for injunction proceedings.

How to Use These Templates to File Your Own Suit

Filing a lawsuit in Rogers County District Court is more straightforward than most people realize. Here is the process, step by step.

Step 1: Download and edit the documents. Start with the complete ZIP package. Open each .docx file in Microsoft Word, Google Docs, or LibreOffice. Replace the plaintiff's name, address, and specific factual allegations with your own. The legal arguments and statutory citations can remain as-is if your situation involves the same Open Meeting Act violations.

Step 2: Gather your evidence. Update the exhibit list to reference your own supporting documents. This could include meeting agendas (or the absence of them), emails, recordings, or any documentation of meetings that occurred without proper public notice.

Step 3: File at the Rogers County Courthouse. Take your completed Petition and Summons to the Rogers County District Court Clerk's office on the second floor of the Rogers County Courthouse in Claremore. You will need to pay a filing fee. Ask the clerk for the exact amount, as it varies by case type. The clerk will assign a case number and issue your summons.

Step 4: Serve the defendants. Oklahoma law requires that defendants be formally served with the summons and petition. You can use a process server or the county sheriff's office for service. The summons template includes all required language.

Step 5: File your emergency application (if applicable). If your situation requires immediate court intervention, file the Emergency Application for TRO along with the Proposed TRO Order. The court will typically schedule an emergency hearing within days.

You do not need a law license to file a lawsuit on your own behalf. Oklahoma law permits any individual to represent themselves pro se in civil matters. These templates give you the framework. Your facts and evidence make it your case.

The Fight Moves to Monday

Durbin isn't done. He's returning to Rogers County Courthouse Monday at 9:00 AM to file a written motion to recuse Judge Nigh, a supplement with additional evidence, and a demand that the presiding judge hear the matter before the city council meets Monday evening. The courtroom was packed for the first hearing. What happens when even more residents show up with their own filings remains to be seen.

For attorneys who want to get involved, Durbin is actively seeking pro bono counsel to represent individual Claremore residents in related cases. Contact ron@guerrillaarmy.com to coordinate.

For residents who want to act, every document you need is linked above. Download them, make them yours, and file. The message from Durbin is clear: the citizens of Claremore and Rogers County are not going to take it anymore.

Download the documents. File your case. Share this with every person in Rogers County who deserves to know their rights.