Case law
Opinions from 1658 to today.
302 results
0.65s
739 F. Supp. 2d 1333 · District Court, E.D. Oklahoma · Sep 13, 2010
Martinez, 436 U.S. 49, 58-59 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978), the Supreme Court recognized that Indian tribes, as sovereigns, possess immunity from suit and it held that, in light of such immunity, the ICRA does not … The one exception to this holding is the ICRA’s waiver of tribal immunity as to habeas corpus actions. Id.
Cited 0 timesPublishedDistrict Court, E.D. Oklahoma · Feb 20, 2026
immunity. … Additionally, because Plaintiff failed to sufficiently state a claim that Defendants Simmons, Breedlove, Moore, and Martin violated a clearly established constitutional right, they are likewise entitled to qualified immunity
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · Mar 10, 2025
“Although qualified immunity defenses are typically resolved at the summary judgment stage, district courts may grant motions to dismiss on the basis of qualified immunity.” Myers v. … ) the right was clearly established at the time of the violation.
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · Aug 19, 2020
Qualified immunity is an affirmative defense that shields governmental officials from personal liability unless their actions violate “clearly established statutory or constitutional rights of which a reasonable … “The protection of qualified immunity gives officials a right, not merely to avoid standing trial, but also to avoid the burdens of such pretrial matters as discovery.” Holland ex rel. Overdorff v.
Cited 0 timesUnknown6 F.2d 305 · District Court, E.D. Oklahoma · Mar 25, 1925
The argument and authorities of plaintiff on this point in his brief are clearly sufficient to refute this contention of the defendant. … Ed. 1087 , holding that, by the provisions of the Federal Control Act, the government was to operate the carriers, but the usual immunity of the sovereign from legal liability was not to prevent the.enforcement of liabilities
Cited 10 timesPublishedIsaacs v. Konawa Public Schools
District Court, E.D. Oklahoma · Mar 31, 2021
“Individual defendants named in a § 1983 action may raise a defense of qualified immunity,” Cillo v. … , if so, (2) that the right was clearly established at the time of the defendant’s unlawful conduct.”
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · May 4, 2026
Eleventh Amendment Immunity. … its intent to abrogate immunity.”
Cited 0 timesUnknown169 F. 449 · District Court, E.D. Oklahoma · Apr 10, 1909
If so, but few indictments would be immune to attack. … It is not to be expected that any grand juror after the lapse of several months would be able to accurately repeat the propositions of law so stated with all of their qualifying phrases.
Cited 9 timesPublishedDistrict Court, E.D. Oklahoma · Oct 13, 2022
In establishing the defense of qualified immunity, the Supreme Court has attempted to balance the protection of civil rights and "the need to protect officials who are required to exercise their discretion and the related … Individual government actors retain their immunity unless the plaintiff can show that they violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Id.
Cited 0 timesUnknown412 F. Supp. 629 · District Court, E.D. Oklahoma · Nov 12, 1975
As Plaintiff’s MW = 84 liters per minute and FEVi = 2.5 liters he clearly failed to qualify under these values. … If a miner qualifies under these values, his ventilatory study would both establish the existence of pneumoconiosis under 20 C.F.R. § 410.414 (b) and its disabling effect. 2 .
Cited 2 timesPublished454 F. Supp. 1276 · District Court, E.D. Oklahoma · Jul 13, 1978
It is clear that in the context of sex discrimination a prima facie ease is not established by the mere proof that a qualified man was promoted over a qualified woman. Olson v. … The evidence adduced in this case shows that plaintiff was clearly better qualified for the GS-332-09 position than Kirk, and that he was the best qualified of the three applicants who appeared on the certificate of eligibles
Cited 1 timesPublished250 F. 873 · District Court, E.D. Oklahoma · Feb 4, 1918
The relief sought presents.matters clearly of equitable cognizance, and hence we conclude that this court has jurisdiction. … The United States Constitution, art. 4, § 2, provides that: “The citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states,” —and among such privileges and immunities
Cited 5 timesPublished77 F.R.D. 682 · District Court, E.D. Oklahoma · Aug 12, 1977
Defendants Williams, Thompson, Davison and Daniels are members of the Oklahoma State Penitentiary Corrections Review Committee, a board established to recommend candidates for parole to the Pardon and Parole Board by interviewing … The rules of the Pardon and Parole Board clearly state that any recommendation made by the Corrections Review Committee is reviewable by the Board.
Cited 4 timesPublishedDistrict Court, E.D. Oklahoma · Oct 4, 2022
Qualified immunity protects officials “from liability for civil damages insofar as their conduct does not violate clearly 10 Adler v. … Clearly Established Law “The ‘clearly established’ prong of the qualified immunity analysis ensures that governmental actors are given fair warning that their conduct is unconstitutional
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · Jul 30, 2026
Sovereign Immunity Bars Petitioners’ Non-Habeas Claims Against the Nation Indian tribes possess sovereign immunity from suit unless Cangress unequivocally abrogates that immunity or the tribe clearly … Because sovereign immunity limits the Court’s subject-matter jurisdiction, Petitioners bear the burden of establishing an applicable waiver or congressional abrogation. They have established neither.
Cited 0 timesUnknownBrownfield v. Cherokee County School District No. 35
District Court, E.D. Oklahoma · Apr 7, 2025
Cloud also argue that they are entitled to qualified immunity with respect to Plaintiff’s Equal Protection claims. … With Defendants having invoked qualified immunity, it is incumbent upon Plaintiff to demonstrate "(1) the defendant's actions violated a constitutional or statutory right, and (2) that right was clearly established at the
Cited 0 timesUnknownWhitten v. McCurtain County Jail Trust
District Court, E.D. Oklahoma · Jun 13, 2025
Based on these failures, Ebert contends he is entitled to qualified immunity on this claim. … immunity.
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · Jun 11, 2024
May 21, 1996) (“Considering that this case is set for a nonjury trial, this court will be able to review the complete evidence, and revisit the qualified immunity issue at that time. … Accordingly, the motion for summary judgment as to the issue of qualified immunity is denied.”).
Cited 0 timesUnknownCaffey v. Grand River Dam Authority Police Department
District Court, E.D. Oklahoma · Aug 12, 2025
But he provides no factual detail about the stop, such as the conduct of specific officers, the precise location, the stated reason for the stop, or any circumstances showing the seizure violated clearly established … IMMUNITY DOCTRINES To the extent Plaintiff challenges the actions of the Cherokee Nation District Court or its judges, those claims are barred by absolute judicial immunity.
Cited 0 timesUnknown279 F. 136 · District Court, E.D. Oklahoma · Mar 15, 1922
James, decided this day, ante, 88; but Congress did .not confer upon the Secretary of the Interior authority to exercise such power under the circumstances of this case or to give to property purchased with released funds immunity … Ed. 807 , it is said: “The general rule of law is, that a proviso carves special exceptions only out of the body of the act; and those who set up any such exception must establish it, as being within the words as well as
Cited 1 timesPublished
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