Case law

Davis v. Banks

District Court, E.D. Oklahoma · Jul 1, 2025

However, even with this Court’s leniency on Plaintiff’s obvious Rule 8 violations, Plaintiff’s Complaint is also clearly deficient under Fed. R. Civ. P. 12(b)(1) and (6). b. Fed. R. Civ. … OKDHS and, in turn, CSS are tasked by statute with establishing and enforcing child support obligations in Oklahoma. See 56 Okla. Stat. § 237.

Goudeau

District Court, E.D. Oklahoma · Dec 10, 2025

Thus, the State and its political subdivisions—including OCCJA—are immune from suit in tort unless the plaintiff satisfied the GTCA's conditions. See id. … In the absence of such allegations, Plaintiff has not plausibly shown that OCCJA's sovereign immunity has been waived with respect to her OADA claim.

Butler v. Rice

District Court, E.D. Oklahoma · Aug 6, 2020

“[J]udges defending against § 1983 actions enjoy absolute immunity from damages liability for acts performed in their judicial capacities.” Supreme Court of Virginia 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. The Court Clerk is directed to send Plaintiff a form for filing an amended complaint.

Brown v. Graham

District Court, E.D. Oklahoma · May 17, 2021

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such … 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.

Rhinehart

District Court, E.D. Oklahoma · Mar 30, 2026

Donna McGee, Superintendent of Wetumka Public Schools, clearly qualifies as an appropriate person under Murrell. Plaintiffs have alleged sufficient facts to allow the Court to draw the reasonable inference that Mrs. … Deliberate indifference exists where the response to harassment or lack thereof is clearly unreasonable given the known circumstances. Rost ex rel. K.C. v. Steamboat Springs RE-2 Sch.

Thomas v. Oklahoma Department of Corrections

District Court, E.D. Oklahoma · Aug 8, 2023

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.

Bridges, II v. Louthan

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

“Section 1983 provides a federal civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution’ by any person acting under color of state law.” McCarty 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

Phillips v. United States

District Court, E.D. Oklahoma · Feb 27, 2024

The discretionary function exception of the FTCA maintains sovereign immunity when employees perform a discretionary action on behalf of the Government. See Anthony v. United States, 2020 WL 5974583, *2 (D. Ariz. … The CNMS pursuit policies clearly apply to and prohibited a pursuit in this situation. Deputy Oosahwee engaged Mr. Catron in a pursuit, in which Mr.

Smokey's of Tulsa, Inc. v. American Honda Motor Co.

453 F. Supp. 1265 · District Court, E.D. Oklahoma · Jul 7, 1978

Defendant’s affidavit clearly establishes the following: 1. Honda Ltd. is a Japanese corporation engaged in the manufacture and sale in Japan of motorcycles. Arms length sales are made to American Honda. … Moreover, plaintiff “has the burden of establishing proper venue.” Grantham, supra, at 1184 ; Aro Manufacturing Co. v.

King & King Enterprises v. Champlin Petroleum Co.

446 F. Supp. 906 · District Court, E.D. Oklahoma · Feb 7, 1978

The charges must be definite and reasonably certain, capable of proof, and clearly proved . . . . … Plaintiffs have attached as Exhibit B to their memorandum in response to order on motion for leave to amend, portions of Entriken’s deposition which, according to plaintiffs, establish that Bowles and Mason were actively

Barbre v. Hood

214 F. 473 · District Court, E.D. Oklahoma · Apr 23, 1914

that the only conveyance he was empowered to make while under the age of 21 years was such as might be made upon order of the proper county court of Oklahoma (exercising probate jurisdiction), pursuant to the state laws establishing … That said section is not to be construed and enforced independent of other sections of the act is clearly manifest by reading sections 3, 4, and 5.

Cherokee Nation of Oklahoma v. United States

199 F.R.D. 357 · District Court, E.D. Oklahoma · Feb 9, 2001

Plaintiffs must establish that at least a single issue is common to the class. J.B. ex rel. Hart v. Valdez, 186 F.3d 1280, 1288 (10th Cir.1999). … Plaintiffs argue this test is clearly met in the case at bar.

In re Palmer's Will

11 F. Supp. 301 · District Court, E.D. Oklahoma · Jun 28, 1935

Thus it will be seen that there were parties to the action who were clearly within the class designated in section 3, supra.” … Burge being now the duly qualified and acting administrator of his estate. Patsy Greenan is the duly qualified and acting guardian of Elias Palmer. E. S.

Gossett v. Helphinstine

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

The “denial of a grievance, by itself without any 5 connection to the violation of constitutional rights alleged by the plaintiff, does not establish … Pursuant to Local Civil Rule 5.2(a), the second 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

Lakey v. Taylor

District Court, E.D. Oklahoma · Feb 8, 2024

As a law enforcement officer, I am expected to have a working knowledge of clearly established laws and court rulings related to the profession’s core tasks. … He asserts that Narcan was clearly “contraindicated” based on Mr. Lakey’s symptoms. Mr.

Martinez v. Sequoyah County Criminal Justice Authority

District Court, E.D. Oklahoma · Jan 3, 2022

To establish municipal liability for the actions of a municipal official in a § 1983 action, a plaintiff must show the “official possesses final policymaking authority to establish municipal policy with respect … Sawney’s constitutional rights, the Court need not reach the issue of qualified immunity. Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995). B.

Henley v. United States

District Court, E.D. Oklahoma · Mar 28, 2024

He raised a single claim for relief, arguing that he was previously convicted in state court of attempted robbery with a firearm, rather than conjoint robbery, and that the prior conviction did not qualify as a violent … The court found, in part, that Defendant’s claim was not based on ineffective assistance of counsel and that “[h]is claim clearly falls within the scope of the waiver.” Id. at 3.

Pacheco v. El Habti

District Court, E.D. Oklahoma · Jan 16, 2020

established federal law.” … After careful review, the court finds the record in this case clearly establishes that trial counsel’s performance satisfied the requirements of Strickland.

Maxey v. Benton

483 F. Supp. 1 · District Court, E.D. Oklahoma · Feb 7, 1977

Clearly, therefore, there was no federal constitutional impediment to the consideration by the judge of the petitioner’s prior conviction and its use was purely a question of state law. … The burden on a petitioner to establish a *5 claim of ineffective assistance is great and neither hindsight nor success is the measure. Ellis v. Oklahoma, 430 F.2d 1352 (CA10 1970).

Arnold v. City of Seminole, Okl.

614 F. Supp. 853 · District Court, E.D. Oklahoma · Jul 10, 1985

Plaintiff can establish a prima facie case by proving: “(i) that [s]he belongs to a protected minority; (ii) that [s]he applied for and was qualified for a job for which the employer was seeking applicants; (iii) that, despite … The chiefs and the city managers were clearly unwilling to confront the problem and the problem-makers, in particular, Lt. Herdlitchka.