Case law

Powell v. Seay

553 P.2d 161 · Supreme Court of Oklahoma · Jul 27, 1976

But a district attorney's immunity as a quasi-judicial officer is not absolute but qualified. … Pachtman clearly holds only that a district attorney is absolutely immune if he is acting in his prosecutorial capacity.

Washington v. State ex rel. Department of Corrections

915 P.2d 359 · Supreme Court of Oklahoma · Apr 16, 1996

Similarly, we note that the prison officials assert that they were entitled to qualified immunity. … However, once a defendant raises qualified immunity, the burden shifts to the plaintiff to come forward with facts which show that the defendant's alleged conduct violated the law and that the law was clearly established

Ellison v. Gray

702 P.2d 360 · Supreme Court of Oklahoma · Apr 30, 1985

Although ordinary work product is cloaked with a qualified immunity, it may be discovered upon a showing of the inability to secure the substantial equivalent of the materials without undue hardship. 4 The opinion work product … In Hickman , the court found that some documents were covered by a qualified immunity from discovery.

BENEDETTI v. CIMAREX ENERGY COMPANY

2018 OK 21 · Supreme Court of Oklahoma · Mar 13, 2018

Benedetti's principal employer and was statutorily immune from civil liability. Mr. … "The party seeking a statute's invalidation as unconstitutional has the burden to show the statute is clearly, palpably, and plainly inconsistent with the Constitution." Lafalier v. Lead-Impacted Cmtys.

CHIMENTO v. GALLAGHER BENEFIT SERVICES

2023 OK 22 · Supreme Court of Oklahoma · Mar 21, 2023

. ¶28 Defendants claim that the absolute privilege adopted in Kirschstein should apply instead of the qualified immunity outlined in § 363 and applied in Loven . … Additionally, Kirschstein did not involve an applicable statute, like § 363, establishing qualified immunity for statements made to the relevant administrative agency, nor were we bound in that case by a prior decision from

COMANCHE NATION OF OKLAHOMA v. COFFEY

480 P.3d 271 · Supreme Court of Oklahoma · Nov 17, 2020

THE ONLY WAY THE STATE OF OKLAHOMA COULD ASSERT JURISDICTION TO DECIDE THE UNDERLYING MATTER AND/OR ATTORNEY FEES IS IF THE PARTIES EXPRESSLY WAIVED SOVEREIGN IMMUNITY. ¶5 Historically, sovereign immunity must be clearly … Had this not involved questions of sovereign immunity, I could agree with the dissent that, the Coffey could qualify for an award as a prevailing party within the meaning of 12 O.S. 2011 §936. 20 The dissent discusses Professional

Hughey v. Grand River Dam Authority

897 P.2d 1138 · Supreme Court of Oklahoma · Jun 1, 1995

The Authority’s generation of electricity on the land in question — its only commercial activity established by this record— has not been shown to have any profit-related nexus to the admitted public’s presence upon the premises … The Legislature clearly did not intend that commercial activity unrelated to land/water use by invited guests be a bar to immunity.

Lamont Independent School District 1-95 of Grant County v. Swanson

548 P.2d 215 · Supreme Court of Oklahoma · Mar 30, 1976

The right of the sovereign state to immunity from suit is not such a public right as to require waiver by statute clearly permitting the state to be sued. … By this opinion, the existence and amount of a liability insurance covering the negligent act sued upon is a material fact to establish waiver of governmental immunity to the extent of the insurance coverage only.

CHIMENTO v. GALLAGHER BENEFIT SERVICES

2023 OK 22 · Supreme Court of Oklahoma · Mar 21, 2023

. ¶28 Defendants claim that the absolute privilege adopted in Kirschstein should apply instead of the qualified immunity outlined in § 363 and applied in Loven . … Additionally, Kirschstein did not involve an applicable statute, like § 363, establishing qualified immunity for statements made to the relevant administrative agency, nor were we bound in that case by a prior decision from

Anderson v. Eichner

65 O.B.A.J. 4037 · Supreme Court of Oklahoma · Dec 6, 1994

Only a few excerpts of the depositions on file below actually qualify as part of the record here. … Because our decision today establishes that these physicians, while practising medicine in the teaching institutions of the state, do not enjoy immunity from tort liability, we need not address any of these tendered issues

Kirschstein v. Haynes

788 P.2d 941 · Supreme Court of Oklahoma · Jan 30, 1990

The bare possibility that the proceeding might be instituted is not to be used as a cloak to provide immunity for defamation when the possibility is not seriously considered. … Clearly, Moore was acting in the capacity of an attorney in assisting Kilgore with advice on how to secure the certificate and in procuring the affidavit. .

LIND v. BARNES TAG AGENCY

2018 OK 35 · Supreme Court of Oklahoma · May 1, 2018

Supp. 2013 § 5 2 , merely codifies an established tenet that shareholders and corporate officers are afforded immunity to the same extent as an employer under workers' compensation law. … Under either law, Barnes must first qualify as Lind's employer before he can enjoy the benefits of the exclusive remedy.

Hooper by and Through Hooper v. Clements Food

694 P.2d 943 · Supreme Court of Oklahoma · Jan 22, 1985

The undisputed facts of this case establish that on August 20, 1981, the minor appellant’s father was the agent and employee of the appellee, Clements Food Company. … Martin, 676 P.2d 1366 (Okl.1984), we qualified the rule of parental immunity in vehicular negligence cases to allow an action for negligence arising from an automobile accident brought on behalf of an unemancipated child

Neal v. Donahue

611 P.2d 1125 · Supreme Court of Oklahoma · May 27, 1980

At the time that Amendment was adopted, the doctrine of sovereign immunity was a well established principle of common law, as well as as a principle of law expressly recognized and incorporated into the United States Constitution … Donahue failed to establish policies and procedures to provide for the following of the dictates and directives of the Juvenile Court.

Sullins v. American Medical Response of Oklahoma, Inc.

72 O.B.A.J. 573 · Supreme Court of Oklahoma · Feb 20, 2001

injury as required by the Governmental Tort Claims Act (GTCA) 2 In support of its defense, AMR contended that as the designated operations contractor for EMSA, a public trust and a political subdivision under the GTCA, it qualified … The rules of statutory construction are well established.

Myers v. Lashley

44 P.3d 553 · Supreme Court of Oklahoma · Mar 20, 2002

LASHLEY'S ALLEGEDLY IMPROPER - EVALUATIVE - TECHNIQUES, - FALLS WITHIN THE AMBIT OF THE REPORTING STATUTES QUALIFIED PRIVILEGE A. … Lashley's immunity. _- Myers' - strategy choices plainly doomed this lawsuit. 122 Absent from the record are probative materials showing that Dr.

State Ex Rel. Williamson v. Garrison

348 P.2d 859 · Supreme Court of Oklahoma · Dec 16, 1959

The fact that net profit from its operations will be passed on to an agency of the State or a political subdivision of the State, does not, in our opinion, tend to establish that a city or a town which accepts beneficial … the fact that the trust may operate in perpetuity and the further fact that the beneficiaries are attempting to surrender their power to regulate the charges made by trust for its services, the beneficiaries are in fact clearly

Barrios v. Haskell Cnty. Pub. Facilities Auth.

432 P.3d 233 · Supreme Court of Oklahoma · Dec 4, 2018

McKnight explained Oklahoma's sovereign immunity from a legal action in an Oklahoma court is based upon Oklahoma statutes, and a statute must clearly permit the state to be sued or the right to do so will not exist 1 In McKnight … Constitution. 19 The doctrine of sovereign immunity was a well-established principle of common law at the time the Oklahoma Constitution was created. 20 Limiting tort claims for damages against the State to those allowed

STRICKLAND v. STEPHENS PRODUCTION COMPANY

411 P.3d 369 · Supreme Court of Oklahoma · Jan 23, 2018

In considering a statute's constitutionality, "courts are guided by well-established principles, and a heavy burden is cast on those challenging a legislative enactment to show its unconstitutionality." … In order for another employer on the same job as the injured or deceased worker to qualify as an intermediate or principal employer, the work performed by the immediate employer must be directly associated with the day to

Beard v. Viene

63 O.B.A.J. 605 · Supreme Court of Oklahoma · Feb 25, 1992

As qualified by our analysis below, we answer in the affirmative and hold that, under the principle of comity, Oklahoma will recognize a limitation on the municipal tort liability of a sister state. … Title 51 O.S.Supp.1988 § 154(A)(1) establishes a $25,000.00 cap on the recoverability by any one person for property damage arising out of a single transaction. 5 In addition, 51 O.S.Supp.1988 § 154(A)(2) establishes a $100,000.00