Case law

De Verges v. City of Pawnee, Oklahoma

District Court, N.D. Oklahoma · Mar 11, 2022

To do so would not only fail to conform to established precent which refused to construe the OGTCA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of … Because the Court has granted Defendants’ request of dismissal, it does not address their qualified immunity arguments. III.

Crawford v. Turn Key Health Clinics, LLC

District Court, N.D. Oklahoma · Jul 8, 2025

Recently, the Oklahoma Supreme Court answered this question in the affirmative: “Clearly, the scope of sovereign immunity maintained by 51 O.S. § 155(25) for claims resulting from ʻequipping, operation or maintenance of … Although it is well-established that “a mu- nicipality is immune from punitive damages under 42 U.S.C. § 1983,” City of Newport v.

Flud v. United States

23 F. Supp. 3d 1352 · District Court, N.D. Oklahoma · May 30, 2014

Flud clearly knew of the VA’s misdiagnosis and its failure to recommend and perform surgery by February 4, 2008, and that plaintiffs misdiagnosis claim accrued no later. Plaintiff does not contest that assertion. … Even if equitable tolling is available in this circuit, plaintiff has not established a basis for such relief.

Cohlmia v. Ardent Health Services, LLC

448 F. Supp. 2d 1253 · District Court, N.D. Oklahoma · Aug 9, 2006

Co., 427 U.S. 273, 296 , 96 S.Ct. 2574 , 49 L.Ed.2d 493 (1976), for the proposition that rights of white citizens terminated from employment for their association with protected class members are clearly established); see … Under Oklahoma law, participants in the peer review process are granted immunity from liability in such circumstances. See 76 Okla. Stat. §§ 25-28.

Bond v. Regalado

District Court, N.D. Oklahoma · Aug 11, 2021

Analysis As an initial matter, Whitman argues he is entitled to qualified immunity. … immunity.”

Pikas v. Williams Companies, Inc.

822 F. Supp. 2d 1163 · District Court, N.D. Oklahoma · Sep 30, 2011

The weight of Circuit case law holds a cause of action accrues at the time when the facts, not the law, establishing an ERISA violation become known to the beneficiary. Meagher v. … Thus, with regard to Pikas, his claim was not clearly repudiated until after Williams denied his administrative claim on April 22, 2004.

United States v. Rx Depot, Inc.

290 F. Supp. 2d 1238 · District Court, N.D. Oklahoma · Nov 6, 2003

Plaintiff has established more than a substantial likelihood that it will succeed on the merits. 15. … Defendants argue that plaintiffs enforcement actions violate the Privileges and Immunities Clause, U.S. Const., art. IV, § 2.

Kunkel v. Barnett

10 F.2d 804 · District Court, N.D. Oklahoma · Jan 26, 1926

The evidence clearly establishes that one Lake Moore purchased the interest in the lands in controversy held by Tucker Barnett. … A review of the eases involving this question clearly establish that a divorce according to the Indian custom is valid, where the acts by which it is alleged to have been effected take place while the parties continue to

Miles v. Rogers County Board of Commissioners

District Court, N.D. Oklahoma · May 16, 2025

Plaintiff asserts that Turn Key does not provide training to LPNs on the "symptoms which warrant contacting" a qualified medical provider. (Id.) … To establish Monell liability, the plaintiff must allege an "(1) official policy or custom[,] (2) causation, and (3) state of mind." Hinkle v. Beckham Cnty. Bd. of Cnty.

Hess Oil Virgin Islands Corp. v. UOP, Inc.

447 F. Supp. 381 · District Court, N.D. Oklahoma · Mar 20, 1978

Because the claim in this case arose in the Virgin Islands, venue would clearly be proper in that judicial district. … Blaski, supra, in arguing that because suit could not originally have been brought against Word in the Virgin Islands, that district does not qualify as one where this action “might have been brought”, and, consequently,

Free

District Court, N.D. Oklahoma · Jun 11, 2026

As to the second part, plaintiffs have clearly alleged that defendants have violated plaintiffs’ inherent sovereign authority and federal law by attempting to enforce state wildlife laws on tribal land against Indians. … The party invoking the jurisdiction of a federal court has the burden to establish Article III standing. New England Health Care Emps. Pension Fund v.

Rural Water District No. 3 v. Owasso Public Works Authority

475 F. Supp. 2d 1108 · District Court, N.D. Oklahoma · Feb 7, 2007

For more than a decade after 1989, the District owed no money on a qualifying Section 1926(b) indebtedness. … Based on these factors, the July 3, 1979 Judgment is void for a lack of a clearly-defined temporal scope.

OKLAHOMA CHAP. OF AMER. ACA., PEDIAT. 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)(1)(A)(i); State Medicaid Manual, Pl.Ex

Simpson v. Little

District Court, N.D. Oklahoma · Jan 2, 2020

Relatedly, Chief Shirley argues he is entitled to qualified immunity for the claims asserted against him in his individual capacity. … Plaintiff sufficiently alleges the violation of a clearly established constitutional right.

Knott v. Cyclone Drilling Inc.

District Court, N.D. Oklahoma · Dec 29, 2022

The cases cited by Cyclone do not establish that Oklahoma courts would find that an employer waives its statutory immunity from suit based on an indemnification agreement with a general contractor. … ’s compensation immunity.

Queens, LLC, The v. Seneca-Cayuga Nation, The

District Court, N.D. Oklahoma · Oct 12, 2022

Ute Tribe of the Uintah and Ouray Reservation, 770 F.3d 944, 948 (10th Cir. 2013), the Tenth Circuit clearly states that tribal sovereign immunity is a federal defense, which cannot establish federal question jurisdiction … Martinez, in conjunction with Becker and Graham above, demonstrates that the mere involvement of a tribe as a party and the possibility of tribal sovereign immunity as a defense do not establish federal question jurisdiction

Bennett v. Windstream Communications, Inc.

30 F. Supp. 3d 1243 · District Court, N.D. Oklahoma · Jun 27, 2014

Under McDonnell Douglas, the aggrieved employee must first establish a prima facie case by showing: (1) she is a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified for the position … Clearly Bennett was unhappy with her job after the Windstream takeover. However, “not every unhappy employee has an actionable claim of constructive discharge pursuant to Title VII.” Bolden v.

Snider v. Commercial Financial Services, Inc.

288 B.R. 890 · District Court, N.D. Oklahoma · Oct 31, 2002

The Bankruptcy Court’s findings of fact are reviewed under the “clearly erroneous” standard. Bartmann v. Maverick Tube Corp., 853 F.2d 1540 (10th Cir.1988). … However, finding that CFS was commercially reasonable in its sales process does not establish a defense under the WARN Act.

Simmons v. Chater

950 F. Supp. 1501 · District Court, N.D. Oklahoma · Jan 6, 1997

The Commissioner’s decision will be reversed when she uses the wrong legal standard or fails to clearly demonstrate reliance on the correct legal standards. Glass, 43 F.3d at 1395 . … The regulations therefore appear to place two qualifiers on the use of such information.

Green v. Paragon Films, Inc.

814 F. Supp. 2d 1174 · District Court, N.D. Oklahoma · Apr 28, 2011

To establish a prima facie case based on a wrongful discharge theory, plaintiff is required to produce evidence raising a genuine issue of material fact showing that “(1) he belongs to a protected class; (2) he was qualified … Under a failure to promote theory, plaintiff must establish that “(1) he is a member of a protected class; (2) he applied for and was qualified for the particular position; (3) he was not promoted despite his qualifications