Case law

Buckner v. Sallisaw, City of

District Court, E.D. Oklahoma · Mar 31, 2023

Qualified Immunity of Murray Murray contends he is entitled to qualified immunity. … The Court evaluates “(1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right, and (2) whether the right at issue was clearly established.” Keith v.

Gray v. United States

District Court, E.D. Oklahoma · Aug 20, 2025

Because the Guidelines are clearly advisory in nature, addressed to private parties, and do not bind FCIC employees, they do not constitute a "specific and mandatory" directive. … Because negligence per se requires a qualifying statutory duty, a violation of that duty, and causation, plaintiffs claim fails on multiple elements.

Randolph v. Carter County Board of County Commissioners

District Court, E.D. Oklahoma · Jun 19, 2020

In an alternative argument, Bryant contends he is entitled to the defense of qualified immunity as to any or all of the federal claims asserted against him. … violated a constitutional right and (2) the constitutional right was clearly established.

Harden v. Byers

District Court, E.D. Oklahoma · Sep 29, 2022

Public officers enjoy a qualified immunity to suit under § 1983, which applies unless their conduct was unreasonable in light of clearly established law. … has asserted qualified immunity, the burden is on the plaintiff to prove (1) the officer violated a federal constitutional or statutory right, and (2) that the right was clearly established at the time of the unlawful

Dixon v. Regional University System of the Oklahoma Board of Regents

District Court, E.D. Oklahoma · Mar 29, 2023

Reif is entitled to qualified immunity here. … Because the law is not clearly established on this point, Dr. Reif is thus entitled to qualified immunity.

Osterhout v. Morgan

District Court, E.D. Oklahoma · Aug 19, 2019

As to Morgan, the court denied his assertion of qualified immunity. Morgan then filed an interlocutory appeal regarding denial of qualified immunity. … The Board contends it could not make this argument in good faith until the Tenth Circuit had ruled on qualified immunity. The court essentially rejected the unraised argument in the previous order. Id.

Crampton v. Morris

District Court, E.D. Oklahoma · Jul 19, 2022

Finally, he contends that he is entitled to qualified immunity. … Finally, he contends that he is entitled to qualified immunity. II.

Johnson v. Housing Authority

887 F. Supp. 1440 · District Court, E.D. Oklahoma · May 30, 1995

He was qualified for the position at issue; and 4. … Johnson has failed to establish a prima facie case of retaliation. The first two elements of a prima facie case have been established.

Woulfe v. Eli Lilly & Co.

965 F. Supp. 1478 · District Court, E.D. Oklahoma · Apr 9, 1997

In Cunningham , the plaintiff, a fifteen-year-old boy, ingested an oral polio vaccine on January 20,1963, as part of a mass immunization program sponsored by the Tulsa County Medical Society and the Tulsa City-County Health … Clearly, the court’s concern in Cunningham focused on the stage of litigation after the presumption disappears and the ultimate question of whether the plaintifficonsumer would have refused to take the vaccine.

Weinert v. Pushmataha County Municipal District

District Court, E.D. Oklahoma · Mar 24, 2025

immunity. … Qualified Immunity Both Defendants Hedgecock and Roden assert they are entitled to qualified immunity. See Dkt. No. 57 at 19-30.

Summers v. Missouri Pacific Railroad System

897 F. Supp. 533 · District Court, E.D. Oklahoma · Aug 25, 1995

established. … The theoretical basis for ecological illness in the present context has not been established as factual, ...

Dixon v. Atwood

District Court, E.D. Oklahoma · Mar 28, 2025

Qualified Immunity Defendants assert they are entitled to qualified immunity. See Dkt. No. 23 at 11-14. … “If a plaintiff fails to state a valid claim, we need not even reach the issue of the qualified immunity defense.” Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995).

Oklahoma ex rel. Pruitt v. Burwell

51 F. Supp. 3d 1080 · District Court, E.D. Oklahoma · Sep 30, 2014

A “coverage month” is a month during which “the taxpayer ... is covered by a qualified health plan ... enrolled in through an Exchange established by the State under section 1311 of the [ACA].” 26 U.S.C. § 36B(c)(2)(A)(i) … The statute defined those persons who would qualify as producers. The regulation defined “producer” to apply to both primary and secondary producers.

Jaquez

District Court, E.D. Oklahoma · Feb 23, 2026

The District Attorney Defendants assert they are entitled to qualified immunity. See Dkt. No. 38 at 9-12. … Furthermore, the Cherokee County Jail Defendants did not raise, let alone adequately brief, the issue of qualified immunity. Cf. Berryman v.

Brown v. Flowers

District Court, E.D. Oklahoma · Apr 14, 2023

Capron lumps his research on the retaliation claims against Sinnett together with research on qualified immunity, a defense raised by Flowers at summary judgment. … immunity.

LeBlue v. Berry

District Court, E.D. Oklahoma · Sep 1, 2022

Colonel Sugg promulgated, created, implemented or possessed responsibility for the continued operation of a policy that (2) caused the complained of constitutional harm, and (3) acted with the state of mind required to establish … As Plaintiffs have not alleged a Constitutional violation, Colonel Sugg is entitled to qualified immunity. Furthermore, the court found that amendment would be futile.

Dye

District Court, E.D. Oklahoma · Feb 26, 2026

These allegations are insufficient. 3 Defendants Ledbetter and Smith also contend they are entitled to qualified immunity. Dkt. No. 17 at 20-22. … Because Dye fails to state a valid claim against any Defendant Ledbetter or Smith, in their individual capacities, the Court will not address the issue of qualified immunity.

Woods

District Court, E.D. Oklahoma · Mar 27, 2026

Therefore, the Court’s qualified immunity inquiry ends here, and the Jail Defendants are entitled to summary judgment. Estate of Larsen ex rel Sturdivan v. … Murr, 511 F.3d 1255, 1259 (10th Cir. 2008) (“Reviewing summary judgment in the qualified immunity context involves a two-part inquiry.

Bartlett v. Okla Oil Co.

218 F. 380 · District Court, E.D. Oklahoma · Sep 29, 1914

territory shall apply to all persons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes; and any citizen of any one of said tribes otherwise qualified … In Black on Judgments, § 379, it is said: “It is said, in a New Hampshire decision, that whenever a tribunal possesses qualified and limited powers, authorizing them to act in certain specified cases only, and by special

Glover Construction Co. v. Andrus

451 F. Supp. 1102 · District Court, E.D. Oklahoma · Mar 29, 1978

Defendants’ exhibits establish at best that the interpretation set forth in the 1976 bulletin may date back as far as 1961. … Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.