Case law

Harris v. McCurtain County Jail Trust

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

The nonmovant must then make a showing sufficient to establish an inference of the existence of each element essential to his case. Bolden v. PRC, Inc., 43 F.3d 545, 548 (10th Cir. 1994) (emphasis added). … immunity.

Marshall v. McAlester Corp.

438 F. Supp. 1005 · District Court, E.D. Oklahoma · May 19, 1977

The evidence does not establish unified operation. The court concludes, however, that the common control requirement has been met. “Separate management does not destroy common control. … The facts as found here conclusively show that defendant Hotels Service Company renders services to the Alsonett Hotels, including the Aldridge Hotel in McAlester, which clearly qualify as auxiliary services under the Act

Weinert v. Hedgecock

District Court, E.D. Oklahoma · Apr 29, 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 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

Folsom v. Sharp

District Court, E.D. Oklahoma · Feb 26, 2020

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). … 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.

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.

Price v. Driscoll

District Court, E.D. Oklahoma · Jul 8, 2025

Plaintiff’s proposed Second Amended Complaint now clearly identifies his age, but refers to the ages and genders of others in generalized terms, e.g., “female 50+,” “male age 40+,” “female 30+,” and “female 20+.” … Further, it is not disputed that Plaintiff applied for a position for which he was qualified.

Skadal v. Smith

District Court, E.D. Oklahoma · May 7, 2024

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.

Cathey v. Everett

District Court, E.D. Oklahoma · Nov 2, 2023

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 … 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.

Craig v. CoreCivic, Inc.

District Court, E.D. Oklahoma · Mar 14, 2024

Craig has failed to establish any violation of the decedent’s constitutional rights by DCF staff. I. … In the event ODOC concluded an inmate qualified for protective custody, DCF lacked capacity to provide the same and qualified inmates would be transferred to another facility.

Castleman v. Marler

District Court, E.D. Oklahoma · Oct 4, 2022

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.

United States v. Norton

188 F. 256 · District Court, E.D. Oklahoma · Jun 5, 1911

In such case it is well established that the various successive acts may be charged in one count. … They do not, therefore, of themselves fully and clearly set forth every element of the offense charged.

Knox v. Sharp

District Court, E.D. Oklahoma · Jul 1, 2020

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.

Jaquez v. Schrum

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

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 … 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.

Woods v. Crow

District Court, E.D. Oklahoma · Feb 21, 2020

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.

Winchester v. Christian

District Court, E.D. Oklahoma · Apr 13, 2023

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.

Dye v. McIntosh County

District Court, E.D. Oklahoma · Apr 4, 2024

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.

Brena v. M. Johnson

District Court, E.D. Oklahoma · Jan 21, 2020

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.

Brown v. Yates

District Court, E.D. Oklahoma · Jun 18, 2020

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.

Hooks v. Blocker

District Court, E.D. Oklahoma · Apr 13, 2023

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.

Hughes v. Social Security Administration

District Court, E.D. Oklahoma · Jul 29, 2024

Otherwise, the evaluation proceeds to step four, where Claimant must establish that she lacks the residual functional capacity (RFC) to return to her past relevant work. … Claimant alleges inability to work since an amended alleged onset date of July 1, 2017, due to anti-nuclear auto immune disorder, Sjogren’s syndrome, lupus, depression, hypothyroidism, asthma and bad lungs,