Case law

Shaik

District Court, E.D. Oklahoma · May 19, 2026

He cannot rely on qualified immunity. … “Qualified immunity insulates officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a Civil No. 24-252 (FAB

Buchanan v. State of Oklahoma

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

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 person would have … When the defense of qualified immunity is raised, it is the plaintiff’s burden to convince the court that defendants' actions violated clearly established constitutional or statutory rights of which a reasonable person

Cherokee Nation v. Nations Bank, N.A.

67 F. Supp. 2d 1303 · District Court, E.D. Oklahoma · Jul 15, 1999

No evidence has been presented establishing any impediment to the entry of either the judgment or garnishment order by virtue of the Cherokee Nation’s assertion of sovereign immunity. … The Fifth Circuit Court of Appeals held that the incorporated Seminole Tribe was immune from garnishment proceedings because its waiver of immunity contained within its bylaws was expressly qualified and excluded from the

Harris v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jul 17, 2023

On July 7, 2023, Defendant Manning filed an Amended Motion to Quash Deposition Notice arguing that since Defendant’s Motion to Dismiss on Qualified Immunity remains pending, the Court should stay discovery until the immunity … However, even if the Court dismissed her from this action under qualified immunity, this alone would not eliminate the necessity for her deposition in this case.

Avant v. Doke

District Court, E.D. Oklahoma · Mar 23, 2021

When a defendant asserts a qualified-immunity defense, the plaintiff must show that (1) the defendant violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the defendant … Because the right is not clearly established, defendant would be entitled to qualified immunity in his individual capacity as to this claim. The “political association” claim is dismissed.

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Mar 26, 2024

Qualified Immunity The affirmative defense of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments about open legal … A law is not clearly established 7 “The legally relevant factors for a qualified immunity decision will be different at the summary judgment stage – no longer can the plaintiffs rest on facts as alleged in the pleadings

Stepp v. Talihina Public School District

District Court, E.D. Oklahoma · Apr 29, 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." … As plaintiffs' right to be free from retaliation for engaging in a protected activity was clearly established at the time of the purported violations, the Count Six defendants are not entitled to qualified immunity at this

Progressive N. Ins. Co. v. J & S Exch., Inc.

352 F. Supp. 3d 1156 · District Court, E.D. Oklahoma · Nov 7, 2018

The title of the Employer's Non-Ownership Liability Endorsement clearly reflects it is a "Liability Endorsement." … The Deffenbaugh Court found no waiver of the statutory immunity had occurred.

In Re the Complaint & Petition of Magnolia Marine Transport Co.

301 F. Supp. 2d 1283 · District Court, E.D. Oklahoma · Feb 4, 2003

of Sovereign Immunity. … Clearly, states have retained their immunity from suits by private parties. 4 Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743 , 122 S.Ct. 1864, 1870 , 152 L.Ed.2d 962 (2002).

Phillips v. Sullivan

District Court, E.D. Oklahoma · Mar 6, 2023

§ 1983 on the grounds of qualified immunity. … ’s Complaint.27 Nevertheless, “[i]n an action under section 1983, individual defendants are entitled to qualified immunity unless it is demonstrated that their alleged conduct violated clearly established constitutional

Muscogee (Creek) Nation Division of Housing v. United States Department of Housing & Urban Development

819 F. Supp. 2d 1225 · District Court, E.D. Oklahoma · May 2, 2011

PLAINTIFF HAS FAILED TO ESTABLISH A WAIVER OF SOVEREIGN IMMUNITY Defendants assert the Court lacks jurisdiction over Plaintiffs challenge to 24 C.F.R. § 1000.58 (g) and Notice PIH 2009-6, section 7(c), because Congress has … The Court further finds that Plaintiff cannot rely on Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), to establish sovereign immunity has been waived for Plaintiffs claims.

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

District Court, E.D. Oklahoma · Dec 3, 2020

right and that the right violated was clearly established at the time of the defendant's actions.” … It is clearly established that the denial of qualifying leave and the termination of employment in relation to an FMLA leave request is a violation of the law. See Twigg v.

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Mar 26, 2024

Qualified Immunity The affirmative defense of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments about open legal … A law is not clearly established 7 “The legally relevant factors for a qualified immunity decision will be different at the summary judgment stage – no longer can the plaintiffs rest on facts as alleged in the pleadings

Claro v. Sulphur, City of

District Court, E.D. Oklahoma · Dec 16, 2019

“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … The Court therefore finds that the law is not clearly established in this case and that Defendants McClure, Medina, Odom, and LaFountain are thus entitled to qualified immunity.

Heavener v. Meyers

158 F. Supp. 2d 1278 · District Court, E.D. Oklahoma · Aug 31, 2001

The Eleventh Amendment immunity generally afforded the state and its officers, sued in their official capacity, is well-established. Pennhurst State School and Hospital v. … Counsel should take all necessary steps to assure that the lines of responsibility are clearly delineated and that duplication of effort is eliminated. Counsel in this case have failed to do so.

Womble v. Chrisman

District Court, E.D. Oklahoma · Jun 11, 2024

Qualified Immunity from Individual-Capacity Claims Application of the summary judgment standard slightly differs where, as here, a defendant asserts an affirmative defense to qualified immunity. … Clearly Established Law As stated, it is Mr.

Brownfield

District Court, E.D. Oklahoma · Mar 5, 2026

Individual Defendants Entitled to Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … clearly established at the time of the defendant’s conduct[.]’”

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Jul 24, 2024

Crockett was not entitled to qualified immunity on the claim and denied summary judgment. The motion to reconsider this argument is not appropriate. As the court noted in the oft-cited Above the Belt, Inc. v. … Crockett argues that the court erred in finding that she was not entitled to qualified immunity on the excessive force claim because she did not place any significant amount of pressure on Mr.

McLemore

District Court, E.D. Oklahoma · Jun 11, 2026

are nonetheless entitled to qualified immunity. … “Qualified immunity insulates officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

International Ladies' Garment Workers' Union, AFL v. Seamprufe Inc.

130 F. Supp. 737 · District Court, E.D. Oklahoma · Mar 31, 1955

enforcement of the instant ordinance. 4 In addition, it is fundamental that where the state court has not interpreted a local law, such as the one in view, and where local administrative officers have not by enforcement clearly … Plaintiff association was dismissed for the reason that only natural persons are entitled to the privileges and immunities offered by section 1 of the Fourteenth Amendment; and, defendant corporation was dismissed inasmuch