Case law

Frost v. Chrysler Motor Corp.

826 F. Supp. 1290 · District Court, W.D. Oklahoma · Jun 4, 1993

ease, Chrysler is attempting to remedy a conspicuous imbalance in one job category (privately capitalized dealership owners) by implementing an affirmative action plan in another (MIP dealers). 40 Chrysler asserts that' it established … The Amendment is not significant in this instance because the Plaintiff's claims are clearly encompassed in both versions of Section 1981. 34 .

In Re Luckinbill

163 B.R. 856 · District Court, W.D. Oklahoma · Feb 7, 1994

Nelson established that § 1(A)(10) is intended to provide an exemption only for cows that are “suitable for, intended to be used for, and kept for, [milk] cows.” Id. … The Court is bound the accept the bankruptcy court’s findings of fact unless they are clearly erroneous. In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987).

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.

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.

Martin v. Frontier Federal Savings & Loan Ass'n

510 F. Supp. 1062 · District Court, W.D. Oklahoma · Apr 6, 1981

In order to establish a prima facie case, the plaintiff must show that she was qualified for promotion. Higgins v. Oklahoma Employment Security Commission, 642 F.2d 1199, 1201 (10th Cir. 1981); EEOC v. … The plaintiff has also failed to establish that she was qualified for this position. The evidence undeniably established that the plaintiff was not qualified. c.

McCarther v. Grady County

437 F. Supp. 828 · District Court, W.D. Oklahoma · Aug 22, 1977

It is well established that a municipal corporation is not a person within the meaning of 42 U.S.C. § 1983 . City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973); Monroe v. … Poresky, 290 U.S. 30 , 54 S.Ct. 3 , 78 L.Ed. 152 (1933), the Supreme Court explained substantiality: “The question may be plainly unsubstantial, either because it is ‘obviously without merit’ or because ‘its unsoundness so clearly

Grace Petroleum Corp. v. Department of Energy

456 F. Supp. 945 · District Court, W.D. Oklahoma · Aug 31, 1978

Accordingly, each property will qualify for the stripper well exemption. … The fact that Grace will continue to do business as usual if it is not permitted to certify its properties clearly indicates the absence of immediate and irreparable injury. 7.

Gaines v. Moore City of

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

Qualified immunity Strickland and Stillings assert they are entitled to qualified immunity as to Plaintiffs’ claims. … 2) the right was clearly established at the time of the violation.”

Stewart v. Secretary of the Air Force

District Court, W.D. Oklahoma · Jan 5, 2022

Therefore, the Court will consider whether sovereign immunity bars Plaintiff’s FMLA claims. … Plaintiff’s allegations are clearly sufficient to meet the first two elements. A complaint of sexual harassment “unquestionably constitutes protected activity.” Fye v. Oklahoma Corp.

Bruton v. Oklahoma Department of Corrections

District Court, W.D. Oklahoma · Jul 29, 2019

Finally, “[i]t is well established that arms of the state, or state officials acting in their official capacities, are not ‘persons’ within the meaning of § 1983 and therefore are immune from § 1983 damages suits.” … Additionally, individual defendants are generally entitled to assert the defense of qualified immunity at the motion to dismiss stage—and successively thereafter, each time with a right to an interlocutory appeal

Armstrong v. Powell

230 F.R.D. 661 · District Court, W.D. Oklahoma · Aug 10, 2005

Based on natural breaks in the scoring, the applicants are divided into categories of minimally qualified, well qualified, and best qualified. … Clearly, there is, at a minimum, a significant potential for a conflict of interest in this case.

Board of Regents for the Oklahoma Agricultural and Mechanical Colleges v. Johnson Controls Inc

District Court, W.D. Oklahoma · Feb 2, 2024

However, as a matter of first impression, the court held that the burden to establish arm-of-the-state status for   1 The Court commends the parties … Here, however, there is no colorable question as to the Board’s arm-of-the-state status, as it has long been held that the Board—and entities nearly identical to the Board— qualifies as an arm of the state and, therefore

Chickasaw Nation v. Department of the Interior

120 F. Supp. 3d 1190 · District Court, W.D. Oklahoma · Apr 16, 2014

It is well-established that the United States is immune from suit, and may be sued only if, and to the extent, it consents. E.g., United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … As the United States Court of Appeals for the Tenth Circuit has stated, the waiver of sovereign immunity found in section 702 of the APA must be read “in conjunction with other jurisdictional statutes waiving sovereign immunity

Dowell v. BD. OF EDUC. OF OKLAHOMA CITY PUB. SCH.

606 F. Supp. 1548 · District Court, W.D. Oklahoma · Apr 25, 1985

Similarly, middle schools (grades 6-8) were desegregated by the establishment of attendance zones for each school. … The Supreme Court has clearly stated that "official action will not be held unconstitutional solely because it results in a racially disproportionate impact." Arlington Heights v.

Janko v. Outboard Marine Corp.

605 F. Supp. 51 · District Court, W.D. Oklahoma · Jan 15, 1985

(emphasis in original) Venue selection provisions should be enforced unless a party can “clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching … The Plaintiff contends that this forum is better qualified to adjudicate Oklahoma claims than is the federal district court in Illinois.

Williams v. Hale

District Court, W.D. Oklahoma · Apr 8, 2024

. & R. considered Defendant’s assertion of qualified immunity and found that he was not entitled to qualified immunity at this stage of proceedings. See id. at 8-9. … The Complaint clearly cites as the retaliatory chilling injury both the late meal delivery and Defendant’s contemporaneous pepper-spraying of Plaintiff in the “face, eyes,” and “mouth,” as well as Defendant’s filing of

Lane v. Town of Dover, Okl.

761 F. Supp. 768 · District Court, W.D. Oklahoma · Mar 26, 1991

A plaintiff must first establish, however, that there is a protected interest at stake. … Finally, because the Court finds defendants prevail on the merits, there is no need to address defendants’ qualified immunity defense. V.

Serpik v. Hays

District Court, W.D. Oklahoma · Jul 17, 2023

immunity would be an issue.” … Stidham, 640 F.3d 1140, 1156 (10th Cir. 2011) (explaining judicial immunity applies when the judge is sued in her individual capacity). Judicial immunity is immunity from suit. Mireles v.

Hobby Lobby Stores, Inc. v. Sebelius

870 F. Supp. 2d 1278 · District Court, W.D. Oklahoma · Nov 19, 2012

Plaintiffs argue that Hobby Lobby and Mardel qualify as “persons” based on the general definition included in 1 U.S.C. § 1 . … Nonetheless, the right is now clearly established and necessarily shapes the nature of the rights and interests of plaintiffs' employees. See Gonzales v.

Logan v. Oklahoma City Police Department

District Court, W.D. Oklahoma · Jun 11, 2025

The Officers moved to dismiss Plaintiff’s claims on the basis of qualified immunity [Doc. No. 11]. … On June 12, 2024, the Court granted the Officers’ motion to dismiss and found that the Officers were entitled to qualified immunity [Doc. No. 15].