Case law

Hill v. Kemp

645 F. Supp. 2d 992 · District Court, N.D. Oklahoma · Jul 31, 2009

The Court also set a briefing schedule for additional motions to dismiss concerning defendants’ arguments that ORC’s claims were barred by sovereign immunity or that certain defendants were not proper parties. 2 *998 The … It is clearly established that the government may not regulate private speech based on the content of the speech or viewpoint of the speaker. Rosenberger v.

Simpson v. Little

District Court, N.D. Oklahoma · Nov 13, 2020

“A court can consider the two qualified-immunity inquiries—whether the plaintiff has established a statutory or constitutional violation and whether that violation was clearly established—in any order.” … Moreover, as to the clearly established prong of the qualified immunity test, “the Supreme Court has ‘repeatedly told courts . . . not to define clearly established law at a high level of generality.’”

Blue Circle Cement, Inc. v. Board of County Commissioners of Rogers

917 F. Supp. 1514 · District Court, N.D. Oklahoma · May 12, 1995

Based upon the stated objectives of RCRA, it is clear that the burning of HWFs by Blue Circle, which qualifies as a “disposal” of “hazardous waste”, is “an activity that is otherwise encouraged by RCRA”. … Third, the Court weighs whether the burden imposed is “clearly excessive in relation to” the local benefits.

Scott v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Mar 31, 2025

As this claim was not clearly established in 1994, Defendants Meek and Solomon have qualified immunity for the failure to intervene claim. See Bledsoe v. … Carreno, 53 F.4th 589, 617 (10th Cir. 2022) (holding that police officers were entitled to qualified immunity on failure to intervene claim because such a "claim was not clearly established in 1999").

Jurczyk v. CoxCom, LLC

191 F. Supp. 3d 1256 · District Court, N.D. Oklahoma · Jun 10, 2016

Plaintiff informed them she had chronic migraines and did not -think about what days she was taking off, Plaintiff further explained she had an auto-immune disease and was seeing various specialists.- Cruts told Plaintiff … “[I]n order to establish a prima facie case of disability discrimination under the ADA, a plaintiff must demonstrate that he (1) is a disabled person as defined by the ADA; (2) is qualified, with or without reasonable accommodation

McGill v. Ballard

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

McGill are true, the doctrines of absolute and qualified immunity bar Mr. McGill’s claims. The doctrine of prosecutorial immunity operates as a complete bar to claims for damages under 42 U.S.C. § 1983. … No. 23-cv-365 prosecutor lacked sufficient evidence to establish probable cause).

Hamilton v. Oklahoma Department of Human Services

District Court, N.D. Oklahoma · Sep 3, 2025

Here, Strain and Shropshire move to dismiss on the basis of the affirmative defense of qualified immunity, which creates a presumption that the defendant is immune from suit. Truman v. … To overcome that presumption, “the plaintiff must show (1) the defendant’s actions violated a constitutional or statutory right, and (2) that right was clearly established at the time of the defendant’s complained-of

Scott v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Aug 14, 2025

Third, Defendant Meek's and Defendant Solomon's mens rea will be relevant to the qualified immunity determination. See Est. of Taylor v. … Salt Lake City, 16 F.4th 744, 747 (10th Cir. 2021) (holding that a plaintiff can overcome qualified immunity by showing (1) a constitutional violation and (2) the law “was clearly established at the time of the violation

Brodrick v. Washington County Board of County Commissioners

District Court, N.D. Oklahoma · Jan 5, 2023

immunity. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

Winton v. Board of Commissioners

188 F.R.D. 398 · District Court, N.D. Oklahoma · Aug 16, 1999

The Senate Judiciary Committee’s report on Rule 501 states as follows: It should be clearly understood that, in approving this general rule as to privileges, the action of Congress should not be understood as disapproving … Yet, ‘[t]he mere fact that litigation does eventually ensue does not, by itself, cloak materials’ with work product immunity. Binks Mfg. Co. v. National Presto Indus., Inc., 709 F.2d 1109 , 1118 (7th Cir.1983).

Doe v. Oologah-Talala Independent School District No. 4 of Rogers County, Oklahoma

District Court, N.D. Oklahoma · Aug 28, 2024

Qualified immunity shields public officials “‘from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gutierrez v. … Once a defendant asserts qualified immunity, the burden shifts to the plaintiff to show that: (1) the defendant’s actions vio- lated a federal constitutional or statutory right, and (2) the right was clearly established

Curtis James Johnson v. City of Skiatook, Oklahoma; Jerry Bullard, in his individual capacity; Wes Henderson, in his individual capacity; and Billy Wakefield, in his individual capacity

District Court, N.D. Oklahoma · Feb 17, 2026

Pleading and Qualified Immunity Where, as here, a defendant raises qualified immunity, the plaintiff must plead facts showing “(1) the defendant’s actions violated a constitutional or statutory … right, and (2) that right was clearly established at the time of the defendant’s complained-of conduct.”

HNATH v. Hereford

757 F. Supp. 2d 1130 · District Court, N.D. Oklahoma · Dec 2, 2010

This statute, though, applies only to a defendant’s general or perhaps to an unspecified appearance, not to one that is explicitly qualified. … If the defendant shall have been summoned or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment

Rodgers v. Crow

District Court, N.D. Oklahoma · Apr 1, 2020

established Federal law,” 28 U.S.C. § 2254(d)(1), (2) “involved an unreasonable application of clearly established Federal law,” id., or (3) “was based on an unreasonable determination of the facts in light of the evidence … Washington, 466 U.S. 668 (1984), as the clearly established federal law governing petitioner’s ineffective-assistance-of-counsel claim and the OCCA’s application of Strickland was objectively reasonable.

Rich v. Moore

District Court, N.D. Oklahoma · Oct 29, 2020

they did not violate his clearly established constitutional rights. … Significantly, while “individual officers may receive the protection of qualified immunity, ‘municipalities enjoy no such shield.’” Myers v. Okla. Cty. Bd. of Cty.

Nova Health Systems v. Edmondson

373 F. Supp. 2d 1234 · District Court, N.D. Oklahoma · Jun 10, 2005

“Because it constitutes drastic relief to be provided with caution, a preliminary injunction should be granted only in cases where the necessity for it is clearly established.” Goldammer v. … Therefore, clearly the Act is in the public interest.

Osteopathic Hosp. Founders Ass'n, Inc. v. Splinter

955 F. Supp. 1351 · District Court, N.D. Oklahoma · Nov 1, 1996

Hospitals qualifying under the Low-Income Test receive a smaller minimum adjustment. 14. … Abdication of the obligation to decide cases can be justified under this doctrine only in the exceptional circumstances where the order to the parties to repair to the State court *1358 would clearly serve an important countervailing

Oklahoma Chapter of the American Academy of Pediatrics v. Fogarty

366 F. Supp. 2d 1050 · District Court, N.D. Oklahoma · Mar 22, 2005

Title XIX established a joint, cooperative federal-state program for furnishing and financing health care and services to individuals who qualify for cash or welfare assistance. Tr. Vol. IX, at 1126: 5-10. … In addition, immunizations are to be given in accordance with the schedule established by the Advisory Committee on Immunization Practices for pediatric vaccines. 42 U.S.C. § 1396d(r)(l)(A)(i); State Medicaid Manual, Pl.Ex

Vanover v. O'LEARY

967 F. Supp. 1211 · District Court, N.D. Oklahoma · Jun 17, 1997

To establish a prima facie case under the ADEA, the Plaintiff must prove that (1) he was within the protected age group; (2) he was qualified for a promotion; (3) he was not promoted despite his qualification for the position … This assertion is clearly without basis. The record of the EEOC investigation clearly indicates that the McGuire-Farrell relationship was thoroughly revealed and discussed.

US EX REL. LANCASTER v. Boeing Company

778 F. Supp. 2d 1231 · District Court, N.D. Oklahoma · Mar 11, 2011

Here, the record clearly establishes that while allegations concerning the repairs of the fire-damaged aircraft prompted the 1992 investigation, the investigation itself examined the requirements of the CLS contract and revealed … The record clearly establishes that, regardless of the outcome of the investigation, one of the two factions involved in the internal Air Force conflict believed that compliance with QA and the COC requirements was required