Case law

Anaya-Smith v. Federated Mutual Insurance Company

District Court, W.D. Oklahoma · Sep 16, 2021

Plaintiff relies on Barfield and Torres to argue that a tortfeasor who is immune under the workers’ compensation scheme can qualify as an uninsured driver for purposes of determining UM coverage. … To recover UM benefits and succeed on her claim, Plaintiff must also establish that the decedent was insured under the policy.

Ciempa v. Del City City of

District Court, W.D. Oklahoma · Oct 20, 2020

Williams and Keester have now countered with a motion for summary judgment of their own, arguing that the undisputed, material facts demonstrate that they are immune from suit under the doctrine of qualified immunity. … statutory right, and, if so (2) that the right was clearly established at the time of the defendant’s unlawful conduct.”8 If the plaintiff fails to prove either, the defendant is entitled to qualified immunity.9

Hutto v. Davis

972 F. Supp. 1372 · District Court, W.D. Oklahoma · Aug 1, 1997

Genuine disputes of material facts also preclude summary judgment on their defense of qualified immunity. … The law was clearly established in 1995 that deliberate indifference to a pretrial detainee's serious medical need violates the Constitution.

Payne v. WS Services, LLC

216 F. Supp. 3d 1304 · District Court, W.D. Oklahoma · Oct 25, 2016

This is enough to establish a prima facie case. With Ms. Payne having established a prima facie case, the burden then shifts to WSS to proffer a legitimate, nondiscriminatory reason for not hiring Leona Payne. … Payne, the burden shifts back to her to establish pretext. Riggs, 497 F.3d at 1114-1115 .

Brown v. Benton

452 F. Supp. 28 · District Court, W.D. Oklahoma · Mar 30, 1978

that he was not qualified to perform the responsibilities enumerated above. … Plaintiff has thus failed to prove that race was any basis for his termination and the evidence clearly establishes defendant’s nondiscriminatory reason for it.

Driskill v. Board of Regents of the University of Oklahoma

District Court, W.D. Oklahoma · May 14, 2021

There is no dispute that Eleventh Amendment immunity has not been waived. … The first step of that framework—establishing a prima facie case of employment discrimination—requires the plaintiff to allege: (1) she is disabled under the Act; (2) she would be “otherwise qualified” to participate

Moore

District Court, W.D. Oklahoma · Mar 30, 2026

The Amended Complaint does not allege facts suggesting, much less plausibly establishing, that either Defendant Lothen or Defendant Wade qualifies as an “employer” under the ADA. … To establish a prima facie failure-to-accommodate claim, Plaintiff must show that: “(1) [she] was disabled; (2) [she] was otherwise qualified; (3) [she] requested a plausibly reasonable accommodation; and (4) Defendant

Locke v. Choctaw City of

District Court, W.D. Oklahoma · Apr 14, 2020

Unless such a showing is made, the defendant prevails on his qualified immunity defense. Id. … Finally, Bosse, Weidemann and Snyder assert qualified immunity as a defense to the § 1981 claims.

Rutherford v. United States

438 F. Supp. 1287 · District Court, W.D. Oklahoma · Dec 5, 1977

The administrative record clearly establishes that Laetrile and Amygdalin are equivalent and have been recognized as such for over 20 years. … Krebs also clearly establishes this fact. (R 183 at 196F; Tr. 228). 18 . The issue of Laetrile’s safety possesses several different facets.

R v. Fallin

District Court, W.D. Oklahoma · Sep 19, 2019

Schwartz’s discussion of qualified immunity (or discussions of qualified Nor are Plaintiffs’ arguments based in Bosh v. … Jan. 2, 2018) (“It is well recognized that personal immunities such as qualified immunity are separate and distinct from sovereign immunity under the Eleventh Amendment.” (quotation marks and citation omitted)).

Underwood v. BOARD, COUNTY COM'RS, COUNTY OF JEFF.

611 F. Supp. 2d 1223 · District Court, W.D. Oklahoma · Apr 14, 2009

If the Court determines that the public employee’s speech qualifies under the foregoing analysis, the employee must also establish a causal connection between his protected speech and an adverse employment action. … With regard to Dale’s qualified immunity argument, material fact issues also preclude summary judgment.

Magnolia Petroleum Co. v. Suits

31 F.2d 205 · District Court, W.D. Oklahoma · Nov 28, 1928

“A qualified or determinable fee is defined in 10 R. C. … it is therefore a qualified or base fee.’

Banks

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

Eleventh Amendment Immunity and Assessment of Whether an Entity Qualifies as an Arm of the State “Whether a defendant is immune from suit under the Eleventh Amendment . … Whether Epic Is an Arm of the State Defendant argues that analysis of the relevant factors establishes that it is an arm of the state for purposes of Eleventh Amendment immunity.

Birge v. United States

111 F. Supp. 685 · District Court, W.D. Oklahoma · Mar 27, 1953

Statutes waiving .the immunity to suit, are strictly construed and Congress .may'grant the , right with whatever restrictions it. deems’ proper. [Citing cases.] … A certain presumption exists that the administrative officer went into the question thoroughly and in good faith to determine whether or not the plaintiff qualified for ’ this added insurance.

Sherman-Harris-Golson v. Forest Park Police Department

District Court, W.D. Oklahoma · Nov 1, 2021

law; and (2) the law was clearly established when the violation occurred. … Like Milton, Gipson and Richmond have raised the defense of qualified immunity. Golson posits that she has sufficiently alleged facts to establish that defendants violated her equal protection rights.

Armstrong v. City of Arnett

708 F. Supp. 320 · District Court, W.D. Oklahoma · Feb 7, 1989

Plaintiff’s alleged support for the incumbent Trustees in the 1987 election clearly falls within the ambit of the First Amendment. 2 See Joyner v. … Because the Court grants summary judgment in favor of Defendants as a matter of law, we do not reach the issue of the affirmative defense of qualified immunity raised by Defendants Freeman, Dishen, and Spencer.

Brashear v. Board of County Commissioners of Oklahoma County

District Court, W.D. Oklahoma · Aug 5, 2019

Alternatively, the sheriff, in his individual capacity, asserts qualified immunity. … Thus, plaintiff has not carried her burden at the first step of the qualified immunity analysis.

Radford v. Gary

145 F. Supp. 541 · District Court, W.D. Oklahoma · Nov 2, 1956

Significantly, the court therein recognized that if the case had not been premature, a novel, and not yet decided question of law as to the Fourteenth Amendment existed. [10] Clearly, this court does not have the right to … If the plaintiff can establish at the trial upon the merits the unconstitutionality of the presently effective apportionment provisions, *547 such apportionment provisions should be struck down.

Ingram v. Novartis Pharmaceuticals Corp.

888 F. Supp. 2d 1241 · District Court, W.D. Oklahoma · Jul 18, 2012

It’s also a disease that impairs the immune system and causes people to have infections. It makes them susceptible to infections. … This is clearly a case where the causes of Mr. Ingram’s medical conditions and death cannot be determined absent expert testimony. See Christian v.

Riles v. Oklahoma Attorney General's Office

District Court, W.D. Oklahoma · Aug 20, 2024

The Tenth Circuit has not addressed whether the board qualifies as an arm of the State of Oklahoma, and no “judicially noticeable evidence clearly resolves [the] entity’s arm-of-state status and entitlement to sovereign … immunity.”