Case law

United States v. Nealis

180 F. Supp. 3d 944 · District Court, N.D. Oklahoma · Apr 14, 2016

The Tribe owns and operates the hotel and has “clothed [it] with all the privileges and immunities of the Eastern Shawnee Tribe.” [Dkt. #23-10, p. 3]. … His duties were no more expansive than that of a private security guard employed at a private establishment. See Wade v.

Alexander v. Smith & Nephew, P.L.C.

98 F. Supp. 2d 1287 · District Court, N.D. Oklahoma · May 4, 2000

McKenzie does not qualify as an expert to testify as to the causation of Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Valley View Development, Inc. v. United States Ex Rel. United States Army Corps of Engineers

721 F. Supp. 2d 1024 · District Court, N.D. Oklahoma · Jun 14, 2010

Because it represents a waiver of immunity from suit, the limitations period “is strictly construed in favor of the United States.” Rio Grande Silvery Minnow, 599 F.3d at 1176 . … he is not an expert in soil morphology; (2) he is not qualified to offer opinions regarding the meaning or scope of the easement because he is not a land surveyor; (3) he is not qualified to explain land surveying done by

Kimbrough

District Court, N.D. Oklahoma · May 20, 2026

Feldman, 460 U.S. 462 (1983). 9 Defendants also contend they are entitled to absolute prosecutorial immunity and qualified immunity. … STAT. tit. 22, § 1373.6(A)). 12 Drummond also contends he is entitled to absolute prosecutorial immunity and qualified immunity. Dkt. # 40, at 7-8, 13-15.

Alexander v. Smith & Nephew, P.L.C.

98 F. Supp. 2d 1276 · District Court, N.D. Oklahoma · May 4, 2000

McKenzie does not qualify as an expert to testify as to the causation of Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Cornwell

District Court, N.D. Oklahoma · Jun 5, 2026

Qualified immunity The defendants contend that they are entitled to qualified immunity. Dkt. # 21, at 6-9. … Because Jackson fails to state a valid claim against either defendant, in their individual capacity, the Court will not address the issue of qualified immunity. VII.

Brown v. Eppler

794 F. Supp. 2d 1238 · District Court, N.D. Oklahoma · Jun 8, 2011

And in response to defendants’ asserted defense of qualified immunity, Brown asked that the Court “defer any ruling on the issue ... pending the filing of [p]lain-tiff[’]s motion requesting the court acknowledge an over-looked … However, he now claims that the allegations in his complaint and the undisputed facts in the record “clearly set forth and establish a separate and distinct cause of action against defendants for retaliation for the exercise

Turlington v. Davis, Major General

District Court, N.D. Oklahoma · Aug 12, 2025

Plaintiff and his wife determined that Hardee Turlington should temporarily go to Kentucky to live with his uncle, Lance Turlington, and much of the complaint is devoted to describing the negotiations to establish Hardee … Under the Eleventh Amendment to the United States Constitution, states and state agencies that qualify as arms of the State generally possess sovereign immunity from suit in federal court. See Lapides v.

Alexander v. Smith & Nephew, P.L.C.

90 F. Supp. 2d 1225 · District Court, N.D. Oklahoma · Mar 24, 2000

McKenzie does not qualify as an expert to testify as to the causation of Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Dar v. Olivares

956 F. Supp. 2d 1287 · District Court, N.D. Oklahoma · Jul 25, 2013

In order to qualify for naturalization, a person must meet certain residency requirements and establish that “[he] has been and still is a person of good moral character, attached to the principles of the Constitution of … Cyr that the amended definition of ‘aggravated felony’ clearly applied retroactively.”).

Smith v. Bowling

District Court, N.D. Oklahoma · Feb 7, 2025

to qualified immunity. … “Under the qualified immunity doctrine, ‘government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established [federal

Sutherlin v. Independent School District No. 40

960 F. Supp. 2d 1254 · District Court, N.D. Oklahoma · May 13, 2013

Similarly, to establish such a claim under the ADA, plaintiffs must show “(1) he is a qualified individual with a disability, (2) who was excluded from participation in or denied the benefits of a public entity’s services … In Oklahoma, “[governmental immunity of a subdivision of the State is waived only to the extent and in the manner provided in the GTCA.” Teeter v. City of Edmond, 85 P.3d 817, 820 (Okla.2004).

Skillings v. Crowder

District Court, N.D. Oklahoma · Jul 28, 2021

Under the doctrine of qualified immunity, government officials are shielded from liability unless the federally protected right was “clearly established” at the time the right was violated. Tolan v. … Skillings’s clearly established right not to be arrested except on probable cause that she had committed a crime, they are not entitled to qualified immunity.

D.G. Ex Rel. Stricklin v. Henry

594 F. Supp. 2d 1273 · District Court, N.D. Oklahoma · Jan 19, 2009

Requirements for Finding a Statute Creates a Private Cause of Action Section 1983 imposes liability upon anyone who, under color of state law, deprives a person “of any rights, privileges, or immunities secured by the Constitution … This clearly does not confer any private right of action to plaintiff children. 4 Rather, it is but another requirement of State Plans. 6.

Young v. Glanz

District Court, N.D. Oklahoma · Oct 6, 2020

In any event, the Court has previously conducted the qualified immunity / clearly established law analysis on nearly identical evidence that a jury could find constituted deliberate indifference by Sheriff Glanz to Jail … Young suffered and ultimately died following a delay in emergency medical treatment, the law was clearly established that a Jail official like Mr.

Osage Producers Ass'n v. Jewell

191 F. Supp. 3d 1243 · District Court, N.D. Oklahoma · Jun 1, 2016

Here, the government submits that the OPA has failed to allege facts establishing the first prong for associational standing. … , 95 S.Ct. 2457 ; Booth, 532 U.S. at 741 n. 6, 121 S.Ct. 1819 (“[W]e will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise.”). 10 In contrast, where not clearly

Brown v. Dowling

District Court, N.D. Oklahoma · Jan 6, 2020

However, once a defendant asserts the defense of qualified immunity, the plaintiff must demonstrate “(1) that the defendant committed a constitutional violation and (2) that the right was clearly established.” … As a result, he has not established a constitutional violation and cannot make the first showing necessary to overcome the defendants’ assertion of qualified immunity.

Skinner v. Winfrey

District Court, N.D. Oklahoma · Nov 14, 2019

Second, they contend they are entitled to qualified immunity because (1) Skinner has not shown an Eighth Amendment violation occurred and (2) “[t]here is no clearly established law that would have informed the Defendants … As a result, he has not established a constitutional violation and cannot make the first showing necessary to overcome the Defendants’ assertion of qualified immunity.

McClain v. Southwest Steel Co., Inc.

940 F. Supp. 295 · District Court, N.D. Oklahoma · Jun 25, 1996

The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Breeden v. … As a threshold issue, for Plaintiff to make a prima facie case of harassment under the ADA, the Plaintiff must be a qualified individual with a disability.

Gypsy Oil Co. v. Oklahoma Tax Commission

6 F. Supp. 6 · District Court, N.D. Oklahoma · Feb 19, 1934

The latter principle of right has been so long and so repeatedly established that it is equivalent in strength to a contract right. … I think the tax here challenged comes clearly within the permissive aet of Congress, and, for that reason, the bill should be dismissed upon the merits.