Case law

Plater v. Topping

District Court, W.D. Oklahoma · Aug 19, 2024

He claims his PTSD symptoms were exacerbated by Defendant Rowley’s refusal to move him 3 In his Motion, Defendant Rowley failed to argue that he is entitled to qualified immunity because Plaintiff’s right was not clearly … Oct. 13, 2021) (“[B]ecause the CDOC Defendants do not argue that this right was not clearly established at the time of the alleged violation, the court declines to address this prong of the qualified-immunity analysis.”

Sanders v. Oklahoma City

19 F. Supp. 50 · District Court, W.D. Oklahoma · Mar 12, 1937

Clearly, this court would have jurisdiction then to entertain the bill as filed. … It was not the intention of the federal government, in creating the low-cost hous *55 ing district, to permit that district to be filled with occupants who would be immune from the criminal jurisdiction of the locality in

Hamilton v. Oklahoma City University

911 F. Supp. 2d 1199 · District Court, W.D. Oklahoma · Nov 28, 2012

To establish a prima facie claim of disability discrimination, Plaintiff must present facts to show: 1) she was a disabled person within the meaning of the law; 2) she was qualified, with or without reasonable accommodation … According to the Fifth Circuit, the fact that the plaintiff “clearly met the qualifications” of the posted job position did not mean that selection of another qualified candidate with specific skills and training “could have

Pipkin v. City of Moore

735 F. Supp. 1004 · District Court, W.D. Oklahoma · Apr 16, 1990

Swanagon, has filed his Motion for Summary Judgment on the issue of his qualified immunity. … Swanagon’s Motion for Summary Judgment on the issue of qualified immunity will be deemed moot. These determinations are made for the reasons set forth infra. The plaintiff, William A.

Martinez v. Ryel

District Court, W.D. Oklahoma · Nov 6, 2020

Next the court addresses Romine’s assertion of qualified immunity. … In addition, Ryel has undertaken no analysis of clearly established law applicable to Romine’s alleged acts.

Lutnes

District Court, W.D. Oklahoma · May 4, 2026

For instance, state prosecutors enjoy absolute immunity against “§ 1983 [actions] for activities intimately associated with the judicial process.”33 State judges are likewise absolutely immune from such actions.34 Qualified … immunity, too, applies when a plaintiff demonstrates a defendant violated one of the plaintiff’s constitutional rights and that right was “clearly established” when the violation allegedly occurred such that all reasonable

Mills v. Tinsley

District Court, W.D. Oklahoma · Jun 9, 2025

. & R., Judge Green concluded Tinsley is entitled to qualified immunity against Plaintiff’s claim because Plaintiff has not met his burden of establishing Tinsley violated Plaintiff’s constitutional rights by using excessive … Wilson, 625 F.3d 686, 692 (10th Cir. 2010) (instructing the district court to dismiss a claim with prejudice because the defendant was entitled to qualified immunity).

Coker v. Stitt

District Court, W.D. Oklahoma · Dec 31, 2024

These objections contend that sovereign immunity is inapplicable because Defendant Harvanek had final policy-making authority, his conduct was objectively unreasonable such that he violated a clearly established constitutional … Accordingly, despite Plaintiff's arguments regarding Defendant Harvanek’s final policy-making authority, respondeat superior liability, and violations of “clearly established” constitutional rights, Plaintiff

Rohde v. University of Central Oklahoma Board of Regents

District Court, W.D. Oklahoma · Sep 30, 2021

Nor do Defendants contest that Plaintiff was qualified to receive the benefits and services provided by UCO as required to establish a claim for violation of the ADA or the Rehabilitation Act. … also would be entitled to dismissal based on qualified immunity.

Silkwood v. Kerr-McGee Corp.

485 F. Supp. 566 · District Court, W.D. Oklahoma · Aug 18, 1979

Indeed, even cursory analysis of federal law clearly establishes that Congress specifically intended that state common law principles control nuclear accident litigation. … As demonstrated above, Congress clearly had no such intention.

Sledge v. Carlson

405 F. Supp. 1315 · District Court, W.D. Oklahoma · Oct 30, 1975

The defendants have filed a Motion to Dismiss alleging a failure to exhaust administrative remedies, failure to state a claim, and immunity of the defendants. … The allegations of the plaintiffs are clearly insufficient to establish cruel and unusual punishment in a constitutional sense.

Lantz v. Hermanson

District Court, W.D. Oklahoma · Nov 27, 2019

Humphrey, 512 U.S. 477 (1994), the applicable two-year statute of limitations, the lack of personal participation in the alleged constitutional violations and qualified immunity. … The court does not base this upon the application of prosecutorial immunity or even the application of qualified immunity.

Gilbert-Mitchell v. Gerlach

District Court, W.D. Oklahoma · Feb 21, 2023

Finally, defendant Gerlach objects to the Report’s conclusion that he is not entitled to judgment on the basis of qualified immunity. … He contends no constitutional violation by him has been shown and that the law as to his potential liability is not clearly established.

Federal Deposit Ins. Corp. v. Black

777 F. Supp. 919 · District Court, W.D. Oklahoma · Oct 15, 1991

In response, the FDIC asserts that Section 1821(k) only preempts those state laws which immunize bank directors and officers from liability for grossly negligent *921 or intentional tortious conduct. … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. Id.

Ramirez v. Board of Regents for the Regional University System of Oklahoma

District Court, W.D. Oklahoma · Jan 8, 2021

Citing Oklahoma’s assertion of sovereign immunity in the Oklahoma Governmental Tort Claims Act (“OGTCA,” Okla. … Stat. tit. 51, § 152.1(A) (“The State of Oklahoma does hereby adopt the doctrine of sovereign immunity.

Jones v. Lee Way Motor Freight, Inc.

300 F. Supp. 653 · District Court, W.D. Oklahoma · Jun 23, 1969

contend that such failure to hire negroes in an all white department is a discriminatory employment practice as to Plaintiffs and those similarly situated. 2 However, the hiring of negroes for a particular job category is clearly … Defendant states that it has been able to employ two negro Over-the-Boad Drivers, has diligently tried but without success to find qualified negroes to operate Over-the-Boad equipment despite advertising and participation

Armenta v. Independent School District No 5 of Garvin County

District Court, W.D. Oklahoma · Jun 21, 2024

In her response, Plaintiff says the first element of the procedural due process analysis is met because “it is clearly established that students, such as H.A., have protected property interests in pursuing a public education … UNITED STATES DISTRICT JUDGE 'S Because the Court determines that Plaintiff failed to state claims for relief against Morris, it does not reach the issue of whether he is entitled to qualified immunity.

Comanche Nation, Okl. v. United States

393 F. Supp. 2d 1196 · District Court, W.D. Oklahoma · May 27, 2005

According to defendants, the Comanche Nation clearly seeks to adjudicate a disputed title in which the United States claims an interest. … If the tribe can establish the last three factors, the first factor becomes less strict.

Helie v. Independent School District No 93 of Pottawatomie County Oklahoma

District Court, W.D. Oklahoma · Sep 13, 2024

The Speech or Debate Clause of the United States Constitution reflects this “firmly established” principle and explicitly recognizes legislative immunity for federal lawmakers. Id. … If nothing else, this brief survey of relevant case law establishes that legislative immunity does not indiscriminately protect all conduct performed by a legislator in the course of his duties.

Jones v. Oklahoma Secondary School Activities Ass'n

453 F. Supp. 150 · District Court, W.D. Oklahoma · Aug 31, 1977

It is well established that actions of a high school athletic association are under color of state law. Brenden v. … This is clearly not within the scope of the purpose of the federal judiciary and does not merit the attention of the Court.