Case law

Opinion No. (1991)

Oklahoma Attorney General Reports · May 6, 1991

Grubbs, 841 F.2d 1512 (10th Cir. 1988) (officials qualifiedly immune from liability under 42 U.S.C.A. 1983 if their conduct does not violate clearly established rights of which a reasonable person would have known). ¶ 13 … applicable decisions of the United States Supreme Court, and a public official's enforcement of such a statute may well deprive that official of qualified immunity from liability under 42 U.S.C.A. 1983 .

Opinion No. (2005)

Oklahoma Attorney General Reports · Oct 3, 2005

clearly established law"). … Individual District Directors would enjoy qualified immunity that "shields public officials from suit insofar as the official's conduct did not violate any clearly established statutory or constitutional rights of which a

Opinion No. 91-562 (1991) Ag

Oklahoma Attorney General Reports · May 10, 1991

A COUNTY MAY NEVERTHELESS ESTABLISH IMMUNITY FROM TORT LIABILITY, IF IT CAN ESTABLISH FACT THAT WOULD ENTITLE IT TO ONE OF SEVERAL EXEMPTION PROVISIONS FOUND WITHIN THE ACT. … FURTHER, IMMUNITY FOR INCORPORATED CASA ORGANIZATIONS COULD ALSO BE MORE CLEARLY CONFERRED BY AMENDING THE RELEVANT PROVISION TO SPECIFICALLY ADDRESS IMMUNITY FROM VICARIOUS LIABILITY FOR THE INCORPORATED ORGANIZATION ITSELF

Opinion No. (1998)

Oklahoma Attorney General Reports · Mar 17, 1998

Qualified immunity sometimes is erroneously referred to as "good faith immunity." Before Harlow v. … Id. at 818-19 . ¶ 13 In its place, stands qualified immunity, which is a two-pronged, objective test: Does the plaintiff assert violation of a federal constitutional or statutory right and was that right clearly established

Opinion No. (1989)

Oklahoma Attorney General Reports · Sep 26, 1989

INITIALLY, IT IS PRESUMED THAT THE OFFENDERS IN QUESTION ARE PROPERLY QUALIFIED TO PARTICIPATE IN THE PROGRAM AND ARE SENTENCED IN ACCORDANCE WITH THIS STATUTORY SCHEME. … TITLE 57 O.S. 228 (1988) ESTABLISHES TORT IMMUNITY ON BEHALF OF THE GOVERNMENTAL ENTITIES WHICH SPONSOR SUCH OFFENDERS, AND THEN WAIVES THAT IMMUNITY ON BEHALF OF THOSE GOVERNMENTAL ENTITIES, IN ACCORDANCE WITH THE LIABILITY

Question Submitted by: The Honorable Steve Bashore, Oklahoma House of Representatives, District 7

2026 OK AG 1 · Oklahoma Attorney General Reports · Feb 13, 2026

Federal Constitutional Claims and Qualified Immunity. ¶12 While the GTCA may bar state law negligence claims, it does not preclude federal constitutional claims under 42 U.S.C. § 1983 . … A right is clearly established when a Supreme Court or Tenth Circuit decision is directly on point, "or the clearly established weight of authority from other courts have found the law to be as the plaintiff maintains."

Opinion No. 74-221 (1975) Ag

Oklahoma Attorney General Reports · Feb 7, 1975

Do the members of the Board of Regents of South Oklahoma City Junior College, while acting as the governing board of the Area School District, qualify as employees under Section 12 of House Bill 1049 of the 1973 Legislature … In order to answer the above questions, it is necessary first to set forth the background relating to the establishment of the South Oklahoma City Junior College and South Oklahoma City Area School District.

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 21, 1995

Clearly, the intent of the Legislature is to get the services to the children in need. … An exclusive right is not granted to these agencies, because 609 clearly allows other agencies to qualify and receive funds as Youth Services Agencies.

Opinion No. (1990) Ag

Oklahoma Attorney General Reports · May 9, 1990

SEE OPINION OF THE ATTORNEY GENERAL NO. 89-075, WHICH ESTABLISHES THAT PHYSICIAN EMPLOYEES ENJOY THE SAME IMMUNITY FROM TORT LIABILITY AS OTHER EMPLOYEES OF THE STATE. … THE LIMITED WAIVER OF SUCH IMMUNITY, UNDER 51 O.S. 152 .1(B), ALLOWS LIABILITY TO BE ESTABLISHED ONLY AS A RESULT OF THE TORTIOUS CONDUCT OF STATE "EMPLOYEES".

Opinion No. 75-170 (1975) Ag

Oklahoma Attorney General Reports · Aug 29, 1975

It is necessary that members of an auxiliary police force be qualified under the provisions of 70 O.S. 3311 [ 70-3311 ] (1971) except where performing emergency functions as contemplated in the "Civil Defense Act", 63 O.S … Section 63 O.S. 683 .11 [ 63-683.11 ] provides in pertinent part: "(a) Each political subdivision of this state is hereby authorized and directed to establish a local organization for civil defense in accordance with the

Opinion No. Ag

Oklahoma Attorney General Reports · Nov 4, 1986

OPINION — AG — ** LIVING WILL — DEATH — TERMINATION — ATTENDING PHYSICIANS ** (1) IN ORDER FOR AN ATTENDING PHYSICIAN TO BE AFFORDED THE LEGAL PRESUMPTIONS AND PROTECTIONS ESTABLISHED IN THE OKLAHOMA NATURAL DEATH ACT, 63 … (IMMUNITY, TORT, "TERMINAL CONDITION", LIFE SUPPORT SYSTEM (MICHAEL SCOTT FERN) CITE: 21 O.S. 813 [ 21-813 ], 21 O.S. 818 [ 21-818 ], 63 O.S. 3102 [ 63-3102 ](7), 63 O.S. 3102 [ 63-3102 ](8), 63 O.S. 2103 [ 63-2103 ], 63

Opinion No. (1990)

Oklahoma Attorney General Reports · Aug 2, 1990

(1981), p. 909, as a right or immunity granted as a peculiar benefit, advantage or favor. … believe that Oklahoma's courts would reach the same result. ¶ 7 By requiring that the individuals nominated be members of the nominating association, such statutes may aid in ensuring that the most informed and professionally qualified

Opinion No. (1986)

Oklahoma Attorney General Reports · Feb 28, 1986

In a case where a city and/or county is the sole owner and operator of a hospital, do the limits set on waiver of immunity established in the Governmental Tort Claims Act, 51 O.S. 151 et seq. (1985), apply? 2. … Under this provision, the immunity established, and the limited waivers of that immunity are applicable, inter alia , to the state and its political subdivisions .

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 24, 1990

The legislature may have wished to encourage people to enter public service or it may have wished to encourage qualified people to remain in public service even after they have gained valuable experience for which they might … Clearly, the granting of a slight tax benefit to public retirees bears the necessary "fair and substantial" relation to these legitimate state goals. Id. In fact, in Richards v.

Opinion No. (1986)

Oklahoma Attorney General Reports · Mar 6, 1986

The Oklahoma Human Rights Commission was established by the Oklahoma Legislature in 1963 with the express purpose of working toward "removing frictions, eliminating discrimination, and promoting unity and understanding among … This definitional approach clearly encompasses volunteers acting on behalf of state agencies, so long as they are acting within their "scope of employment," as further defined in 51 O.S. 152 (9) (1985).

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 10, 1990

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … An interpretation of the definitions section which precludes the State's liability for medical negligence conflicts with this provision which so clearly provides for that contingency.

Question Submitted by: The Honorable Jon Echols , Oklahoma House of Representatives, District 90

2024 OK AG 19 · Oklahoma Attorney General Reports · Dec 30, 2024

Considering these clearly defined legal duties vested with the county, the office provides a summary of the most salient facts giving rise to the current dispute between Oklahoma County and Oklahoma City about the construction … Also, Oklahoma County chose a location away from security-sensitive establishments like schools, daycares, and houses of worship.

Opinion No. (1995)

Oklahoma Attorney General Reports · Oct 27, 1995

Therefore, 70 O.S.Supp. 1994, § 5-129.1[ 70-5-129.1 ] must be deemed constitutional unless it clearly violates a constitutional provision. ¶ 7 No case law defines the phrase "exclusive rights, privileges or immunities" in … Both the Oklahoma Congress of Parents and Teachers and the Junior Achievement programs could qualify for exempt status under the Section 5-129.1(B) exemption for parent teacher associations.

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 23, 2009

Oklahoma School of Dentistry is hereby created for instruction in Dentistry. 3 The Board of Regents of the University of Oklahoma and the Oklahoma State Regents for Higher Education are hereby authorized and directed to establish … OAC 195:15-1-3 ; 15-1-4; 15-1-5. 3 While dentistry is specifically authorized to be operated and governed in the School by legislative enactment, dental hygiene is not so clearly authorized.

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 8, 2001

Each consultant must be evaluated against a clearly established list of criteria which is provided to the consultant within seven days in advance of the interview. … are qualified; c.