Case law

Whitten v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jun 13, 2025

Clearly Established Law. Mitchell has raised the defense of qualified immunity, and Plaintiff is thus also required to show that Mitchell’s actions violated clearly established law. … Qualified Immunity.

Easter v. Oklahoma Department of Wildlife Conservation

District Court, E.D. Oklahoma · Jun 24, 2020

Thereafter, on October 31, 2017, Cramer appealed the denial of qualified immunity to the Tenth Circuit Court of Appeals. See Docket Entry #105. … In its opinion, the Tenth Circuit had to conclude that the operative facts viewed most favorable to Easter were not sufficient to establish a violation of clearly established law – contrary

Wayne M Fournerat Esquire v. Deguisti

District Court, E.D. Oklahoma · Feb 14, 2025

Further, even if Judge DeGiusti is not entitled to absolute judicial immunity, he is entitled to qualified immunity. … To overcome the presumption of qualified immunity, “a plaintiff must show that: (1) the public official violated the plaintiff’s constitutional rights; and (2) these rights were clearly established at the time of the

Burke

District Court, E.D. Oklahoma · Apr 16, 2026

Qualified Immunity "Individual defendants named in a § 1983 action may raise the defense of qualified immunity," Cillo v. … There, the Tenth Circuit reversed the denial of qualified immunity to an infrequently on-site jail physician where the alleged violation was premised on his diagnostic choices, concluding it was not clearly established

Hershey v. Turner

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

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … clearly established at the time of the defendant’s conduct[.]’”

Weaver v. Haworth

410 F. Supp. 1032 · District Court, E.D. Oklahoma · Nov 25, 1975

City of Richmond, 417 F.2d 426 (Ninth Cir. 1969) which states: “Suit may be brought against private citizens under section 1983 if a conspiracy is established between them and the state or local officials who clearly acted … Said immunity is absolute even though the judge may act with malice. Pierson v. *1036 Ray, supra; Duba v. McIntyre, 501 F.2d 590 (Eighth Cir. 1974).

Prince v. Sheriff of Carter County

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

In this case, Miller asserts qualified immunity. … Miller asserts qualified immunity as to this claim as well.

Boyd v. United States Ex Rel. United States Army Corps of Engineers

631 F. Supp. 814 · District Court, E.D. Oklahoma · Jan 6, 1986

Areas to be zoned will be clearly marked with buoys complying with the Uniform State Waterway Marking System. … It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. Where there is room for policy judgment and decision there is discretion.

Dawson v. Jackson

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

“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. … When a defendant asserts qualified immunity in a motion to dismiss, the plaintiff must allege facts (1) that the defendant violated a constitutional right and (2) that the constitutional right was clearly established.

Womble v. Harvanek

District Court, E.D. Oklahoma · Sep 26, 2019

Qualified Immunity Finally, Defendant alleges he is entitled to qualified immunity. … Qualified immunity shields government officials from liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Harris v. McCurtain County Jail Trust

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

immunity. … First, Defendant Johnson’s Motion for summary judgment plainly raises a qualified immunity defense. Dkt. No. 324.

Davis v. Muskogee, City of

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

Defendants are entitled to qualified immunity unless it is demonstrated that their conduct violated clearly established constitutional rights of which a reasonable person in their positions would have known. … Plaintiff has not met her burden to demonstrate that Sergeant Jenkins violated clearly established law, and therefore, he is also entitled to qualified immunity.

Coon v. L.W. Miller Diversified, Inc.

District Court, E.D. Oklahoma · Jul 9, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Once a defendant has asserted qualified immunity, “the plaintiff must [] establish “(1) that the defendant violated a constitutional or statutory right, and (2) that this right was clearly established at the time of the

Lakey v. Taylor

District Court, E.D. Oklahoma · May 16, 2024

Qualified Immunity Defendant Bryant asserts that he is entitled to qualified immunity on the Plaintiff’s claims against him in his individual capacity. … Qualified immunity “protects public officials from individual liability in a § 1983 action unless the officials violated ‘clearly establish … constitutional rights of which a reasonable person would have known.’”

Buckner v. Sallisaw, City of

District Court, E.D. Oklahoma · Mar 31, 2025

Plaintiff first asserts that Defendant Murray’s claim for qualified immunity is somehow nullified by the fact Plaintiff complied with the Oklahoma Governmental Tort Claims Act. … Nothing in the Oklahoma Governmental Tort Claims Act can alter Murray’s federal right to qualified immunity.

Bailey v. Ada, City of

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

The second prong of the qualified immunity test requires that this Court determine that the law was clearly established at the time of the incident. … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts

Lance v. Morris

District Court, E.D. Oklahoma · Sep 20, 2019

Still, the “clearly established law must be ‘particularized’ to the facts of the case.” Knopf, 884 F.3d at 944 (citation omitted). A plaintiff must establish both prongs to defeat a qualified immunity defense. … In response to Smead’s assertion of qualified immunity, Plaintiff argues that a detainee’s right to medical care is clearly established.

Huff v. Reeves

District Court, E.D. Oklahoma · Mar 4, 2020

Still, the “clearly established law must be ‘particularized’ to the facts of the case.” Knopf, 884 F.3d at 944 (citation omitted). A plaintiff must establish both prongs to defeat a qualified immunity defense. … He is also entitled to qualified immunity based on the second prong of the test – Plaintiff has not shown that Trooper Reeves violated a clearly established right under these circumstances.

Stepp v. Talihina Public School District

District Court, E.D. Oklahoma · Apr 17, 2025

“Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A relevant Supreme Court or Tenth Circuit decision is alone sufficient to establish a right for purposes of qualified immunity. A.N. v.

DiCesare v. Makinson

District Court, E.D. Oklahoma · May 30, 2023

Defendant Makinson is “entitled to qualified immunity unless it is demonstrated that [his] conduct violated clearly established constitutional rights of which a reasonable person in [his] position would have known.” … The court notes that each case cited by Defendant Makinson for his qualified immunity argument is considering the argument on a motion for summary judgment.