Case law

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.

Mowdy v. Ada Board of Education

440 F. Supp. 1184 · District Court, E.D. Oklahoma · Nov 23, 1977

She had a teaching certificate and was fully qualified to teach the course. … Nothing in this chapter shall excuse noncompliance with any statute or ordinance of a State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established

Reed

District Court, E.D. Oklahoma · Dec 12, 2025

Judicial immunity Additionally, Defendant Uptegrove is entitled to immunity from suit for civil damages. … It is well established that “[a]bsolute immunity bars suits for money damages for acts made in the exercise of prosecutorial or judicial discretion.” Andrews v.

Bridges, II v. Louthan

District Court, E.D. Oklahoma · Aug 4, 2023

immunity.1 Dkt. … immunity.

United States v. Roberts

904 F. Supp. 1262 · District Court, E.D. Oklahoma · Sep 29, 1995

The tribal complex property on which the alleged criminal acts took place is clearly tribal trust property. … These actions clearly establish compliance with existing policies and procedures and, more importantly, they provide concrete evidence of the active involvement of the federal government in designating the tribal complex

Murchison v. Progressive Northern Insurance

564 F. Supp. 2d 1311 · District Court, E.D. Oklahoma · Jul 3, 2008

Plaintiff argues that her response to Defendant’s request for admission did not qualify as an “other paper” because she did not give Defendant “an unequivocally clear and certain” answer that the amount in controversy exceeds … Clearly, Defendant’s request for admission was carefully worded in order to corner Plaintiff into either limiting herself to an award of $75,000.00 or less in state court or subjecting herself to federal jurisdiction.

Stephens v. Dillard

District Court, E.D. Oklahoma · Aug 28, 2019

The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, and only one side of the paper may be used.

Chickasaw Nation v. CVS Caremark, LLC

District Court, E.D. Oklahoma · Sep 30, 2022

First, it contended that the arbitration provision in Caremark’s Provider Manual did not bind the Nation “because it never clearly and unequivocally waived its tribal sovereign immunity.”9 Second, the … Therefore, like the Ninth Circuit, “we reject the Nation’s argument that, because it did not clearly and unequivocally waive its tribal immunity, it cannot have 25 The Nation also contends that the arbitration provision

Eldridge v. Missouri Pacific Railroad

832 F. Supp. 328 · District Court, E.D. Oklahoma · Jul 26, 1993

The Supreme Court held that the preemptive effect of these regulations is governed by section 434 of the FRSA 4 which clearly confers on the Secretary the power to preempt state common-law. … The record establishes that federal funds were expended on the crossing in the instant case.

Prestel v. State of Oklahoma

District Court, E.D. Oklahoma · Apr 24, 2023

The State of Oklahoma, however, is immune from suit under the Eleventh Amendment. … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

In Re the Estate of Masters

361 F. Supp. 2d 1303 · District Court, E.D. Oklahoma · Mar 16, 2005

That was clearly not the case in IMFC. Finally, the government cites Arizona v. … Indeed, the government admitted at the hearing that its requested relief — the removal of Smith as Personal Representative — would unquestionably qualify as an “interference” to the probate.

Price v. Driscoll

District Court, E.D. Oklahoma · Jul 11, 2025

A prima facie case of employment discrimination is established by facts showing that the plaintiff (1) is a member of a protected class, (2) suffered an adverse employment action, (3) was qualified for the position at … Green, 411 U.S. 792, 802 (1973) (prima facie case may be establish by showing: “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants;

Endicott v. Choctaw County City of Hugo Hospital Authority

District Court, E.D. Oklahoma · Sep 28, 2023

The medical notes clearly indicate the hospital staff’s knowledge of Crowell’s condition. … The federal statute, however, preempts state sovereign immunity. See Root v. New Liberty Hosp.

McDermott, II v. Smith

District Court, E.D. Oklahoma · May 24, 2023

The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top, bottom

Gibson v. Lemke

District Court, E.D. Oklahoma · Aug 2, 2024

The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v. … Pursuant to Local Civil Rule 5.2(a), the 5 amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets

Aguilar v. Clayton

452 F. Supp. 896 · District Court, E.D. Oklahoma · Jun 27, 1978

motion to dismiss, defendants present four grounds for dismissal: (1) plaintiffs’ suit is barred by the statute of limitations; (2) plaintiffs have failed to join a necessary and indispensable party; (3) defendants are immune … The law itself also establishes the right for an employee to bring action in a U.S. district court . . ..” (emphasis added).

Upchurch v. Wastequip, LLC

District Court, E.D. Oklahoma · Oct 18, 2021

Under the ADA Plaintiff must establish that he is “an individual with a disability.” … The Plaintiff bears the burden initially of establishing a prima facie case of discrimination: “(1) [he] is a member of a protected class by the [ADEA]; (2) [he] suffered an adverse employment action; (3) [he] was qualified

Bettes v. Brower

184 F. 342 · District Court, E.D. Oklahoma · Jan 6, 1911

Owings, supra, and proceeds: “By pleading to the merits, the defendant admits the averments in the bill, which state facts sufficient to establish the jurisdiction of the court. * * * The objection to the jurisdiction of … The general rule is that except where ati order of court is required by statute, a general guardian regularly appointed and qualified may, without order of court, lease the lands of his ward during infancy, if the guardianship

Carver v. Driscoll

District Court, E.D. Oklahoma · May 10, 2022

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Lay v. Crow

District Court, E.D. Oklahoma · Nov 8, 2021

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.