Case law

Rooks v. State ex rel. Oklahoma Corp. Commission

64 O.B.A.J. 39 · Court of Civil Appeals of Oklahoma · Nov 24, 1992

The presumption of immunity is in favor of the government officials and is not overcome unless it is shown that they violated clearly established law or constitutional rights of which the reasonable official should have known … There is a presumption of qualified immunity unless it is shown that the official’s conduct violates clearly established statutory or constitutional rights. McLin v. Trimble, supra, at 1041 , citing Mitchell v.

Bassett v. Bassett

521 P.2d 434 · Court of Civil Appeals of Oklahoma · Mar 26, 1974

Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971), wherein the high court held an Idaho statute unconstitutional which provided that as between persons *436 equally qualified to administer estates, males should be … The objective of § 15-312 clearly is to establish degrees of entitlement of various classes of persons in accordance with their varying degrees and kinds of relationship to the intestate.

KREMEIER v. TRANSITIONS, INC.

345 P.3d 1126 · Court of Civil Appeals of Oklahoma · Oct 9, 2014

Hagley, 374 Md. 665 , 824 A2d 107, 117 (2003) ("[Nlegligence and lack of good faith are not equivalent," and "if good faith immunity can be overcome by establishing negligence, then good faith immunity is a meaningless concept … Clearly, one may give "too much information" in good faith.

Nichols v. Pray, Walker, Jackman, Williamson & Marler

144 P.3d 907 · Court of Civil Appeals of Oklahoma · Jun 2, 2006

6 ¶ 21 Which brings us back to 40 O.S.2001 § 61, the qualified immunity statute. … Qualified immunity is extended to employers who give job performance information to a prospective employer, but only where the employee has requested or consented to furnishing the information.

Boyd v. Tietze

172 P.3d 639 · Court of Civil Appeals of Oklahoma · Aug 10, 2007

Therefore, the relevant inquiry is not whether an individual qualifies under the definition of "state" but rather whether the person qualifies as an employee acting within the scope of his or her employment under the Act … According to Anderson, 1994 OK 136, ¶12 , 890 P.2d at 1337 , this sentence clearly takes the employee/teaching-physi-clans ... out of the seope of their employment when they are practising[practicing] medicine-whether for

SPANE v. CENTRAL OKLAHOMA COMMUNITY ACTION AGENCY

346 P.3d 437 · Court of Civil Appeals of Oklahoma · Feb 5, 2015

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … [COCAA] should be de[-]designated at any point"; that termination of the community action agency status for COCAA has never been recommended; that ODOC has continually recognized COCAA as a community action agency; that qualifying

White v. State ex rel. Harris

122 P.3d 484 · Court of Civil Appeals of Oklahoma · Jun 17, 2005

waive any of the immunities afforded by the Eleventh Amendment, state sovereign immunity, or any absolute or qualified immunity held by directors, officers, employees, or members of insured state agencies. … Investigative acts that fall outside the scope of absolute immunity are accorded qualified immunity. (Citations omitted). .

Hoerman v. Western Heights Board of Education

913 P.2d 684 · Court of Civil Appeals of Oklahoma · Oct 17, 1995

Qualified immunity shields public officials from suit insofar as the official’s conduct did not violate any clearly established statutory or constitutional rights of which a reasonable person would have known. … Thus, they did not violate clearly established law and are immune from suit in their individual capacities. McLin v.

M.R. v. Cox

65 O.B.A.J. 2997 · Court of Civil Appeals of Oklahoma · Aug 2, 1994

Finally, Appellants maintain Ap-pellees are not entitled to qualified immunity. Qualified or “good faith” immunity is an affirmative defense that must be pleaded by a defendant official. Harlow v. … In general, the doctrine of qualified immunity provides that government officials who perform discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established

KREMEIER v. TRANSITIONS, INC.

345 P.3d 1126 · Court of Civil Appeals of Oklahoma · Oct 9, 2014

Hagley , 824 A.2d 107, 117 (Md. 2003) ("[N]egligence and lack of good faith are not equivalent," and "if good faith immunity can be overcome by establishing negligence, then good faith immunity is a meaningless concept as … Clearly, one may give "too much information" in good faith.

Staley v. City of Oilton

70 O.B.A.J. 2432 · Court of Civil Appeals of Oklahoma · Apr 20, 1999

Supp.1993, §§ 216 et seq., establishes that the Act does afford the City of Oilton (“Oilton”) immunity under these facts. … In 1988, the CSSP program was established and immunity extended to all governmental providers, that is, governmental entities providing a qualified program. Participants could include municipalities.

SPANE v. CENTRAL OKLAHOMA COMMUNITY ACTION AGENCY

346 P.3d 437 · Court of Civil Appeals of Oklahoma · Feb 5, 2015

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … [COCAA] should be de[-]designated at any point"; that termination of the community action agency status for COCAA has never been recommended; that ODOC has continually recognized COCAA as a community action agency; that qualifying

Felkins v. Oklahoma Firefighters Pension & Retirement System

116 P.3d 195 · Court of Civil Appeals of Oklahoma · May 6, 2005

Some of Felkins military service time qualifies for enhanced retirement credits. … Bednar, 407 F.3d 1081 , C.A.10 (Okla.) 2005: “The doctrine of qualified immunity, therefore, shields government officials performing discretionary functions from liability for civil damages arising from 42 U.S.C. § 1983 claims

Grayson v. State Ex Rel. Children's Hospital of Oklahoma

63 O.B.A.J. 3214 · Court of Civil Appeals of Oklahoma · Sep 15, 1992

insufficient to establish it. … Pollay on the ground that he was protected by immunity under the Governmental Tort Claims Act, 51 O.S.Supp.1985 § 151 et seq.

Estate of Cabelka Ex Rel. Cabelka v. Comanche County Hospital

75 O.B.A.J. 1212 · Court of Civil Appeals of Oklahoma · Oct 17, 2003

sovereign immunity, an attribute of government, upon a private entity. … We will uphold a statute unless "it is clearly, palpably and plainly inconsistent with our fundamental law."

Caddell v. State ex rel. Department of Health

66 O.B.A.J. 1869 · Court of Civil Appeals of Oklahoma · Apr 11, 1995

The federal government established this “account” for the benefit of qualifying agencies such as ODH. 3 The funds “spent” by ODH for vaccine ordered from CDC were not then, and never were, state funds — those funds were neither … Clearly, by taking advantage of the federal direct assistance grant funds to acquire DPT vaccine for use in this state, ODH served a very real public interest.

West v. Jane Phillips Memorial Medical Center

404 P.3d 896 · Court of Civil Appeals of Oklahoma · Aug 17, 2017

In civil actions for negligence which will'require the plaintiff to provide expert testimony to establish the breach of an applicable standard of - care, 12 O.S. … Drug abuse by a parent can qualify as both "abuse” and "neglect." See 10A O.S. 2011 1-1-105(2), (47)(b).

Blackburn v. Town of Bokchito

270 P.3d 226 · Court of Civil Appeals of Oklahoma · Dec 22, 2011

Plaintiff contends that construing the statute in a way that "provides blanket immunity in cases like this would produce an 'absurd consequence' that is clearly not intended by the Legislature when viewed in light of 47 0.8 … Until the waiver of sovereign immunity as enacted in the GTCA, the State enjoyed absolute immunity.

Wells Fargo Bank, National Ass'n v. Apache Tribe of Oklahoma

360 P.3d 1243 · Court of Civil Appeals of Oklahoma · Apr 4, 2014

Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity. The Apache Tribe conducts gaming operations in Oklahoma. … We have previously established that one such "matter" is the General Council's authority to delegate the power to waive sovereign immunity to the Business Committee.

WELLS FARGO BANK v. APACHE TRIBE OF OKLAHOMA

2015 OK CIV APP 10 · Court of Civil Appeals of Oklahoma · Apr 4, 2014

As previously discussed, Santa Clara Pueblo established the rule for determining when Congress has waived a tribe's immunity from suit. … Ct. at 1705 (inherent in a sovereign's immunity from suit is the power to waive that immunity). Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity.