Case law

Yoakum v. Yukon Public Works

District Court, W.D. Oklahoma · Nov 25, 2019

Qualified Immunity At the close of their motion, Defendants argue that Mr. … Nov. 17, 2014) (finding no need to reach the issue of qualified immunity because Plaintiff did not allege sufficient facts to establish Eighth Amendment violation). VII.

Permetter

District Court, W.D. Oklahoma · Aug 24, 2026

custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence. … TIT. 22, § 1373.4(D). 4 Defendant also asserts Eleventh Amendment immunity, prosecutorial immunity, and qualified immunity. Doc. 15, at 11, 12, 19.

Bogle v. Crow-Brighton Co.

96 F.R.D. 1 · District Court, W.D. Oklahoma · Nov 25, 1981

Rule 28(a)(3)—TYPICALITY This Court has found and concluded that plaintiffs have failed to establish that their claims are typical of the claims of the other members of the class. … Common questions clearly do not predominate over questions affecting only individual members of the class and a class action is clearly not superior to other available methods for the fair and efficient adjudication of the

Ward v. Coleman

423 F. Supp. 1352 · District Court, W.D. Oklahoma · Dec 22, 1976

However, one who reports a spill would be entitled to invoke the immunity provision of § 1321(b)(5). The two courts which have had occasion to apply this test to this Act have deemed the result inconclusive. … By establishing in § 1321(k) “a ‘revolving fund’ into which all fines received under the Act are to be deposited to defray the cost of oil removals.” LeBeouf Bros., supra at 153. 11 . General Motors, supra at 1163. 12 .

David v. Crow

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

immunity.2 II. … The Eleventh Amendment grants states immunity from suits brought pursuant to § 1983 unless such immunity is specifically waived or overridden by Congress. See Welch v. Tex.

Meder v. City of Oklahoma City

672 F. Supp. 500 · District Court, W.D. Oklahoma · Sep 10, 1987

Deposition at 114• “In my opinion, a gratuity is they ask you if you can do this for me, I’ll give you this, or they’re trying to say you come back to my establishment all the time and I’ll give you something so I can utilize … The fact remains that Meder accepted this gratuity following his efforts to assist Jantz in Jantz’ traffic ticket quandary, unquestionably giving rise to an appearance of impropriety (if not an outright bribe) and clearly

Bank of America Nat. Trust & Savings Ass'n v. Liberty Nat. Bank & Trust Co.

116 F. Supp. 233 · District Court, W.D. Oklahoma · Oct 17, 1953

Whether a particular bill of lading is clean or foul is a very technical question; its answer is both one of fact and of law. 16 After careful consideration the Court believes the bill in question cannot qualify as a “clean … Two suitable definitions of a clean bill are: (1) “ * * * it may be said that a ‘clean’ bill of lading is one which contains nothing in the margin qualifying the words of the bill of lading itself.

Purdy v. Carter

District Court, W.D. Oklahoma · Sep 24, 2024

To establish the objective component, the alleged deprivation must be sufficiently serious to constitute a deprivation of constitutional dimension. … Plaintiff did not plead sufficient facts to establish he is a qualified individual with a disability.

Dillman v. Winchester

639 F. Supp. 2d 1257 · District Court, W.D. Oklahoma · Jun 9, 2009

Stat. tit. 51 § 152.1, et seq., he is immune from tort liability. The Court agrees. … The GTCA provides immunity to a state employee, including an elected official, for conduct occurring in the scope of performing the duties of his office. Okla. Stat. tit. 51 § 153(B).

Grillot v. State of Oklahoma

District Court, W.D. Oklahoma · Dec 18, 2019

Because this is an immunity argument, the University seeks dismissal under Rule 12(b)(1), Fed. R. Civ. P., for lack of jurisdiction. … Herrick, 849 F.3d 1273, 1278 (10th Cir. 2017). 2The deadline established at the status and scheduling conference was October 12, 2019. Doc. no. 18, ¶ 2.

Smith v. Wickline

396 F. Supp. 555 · District Court, W.D. Oklahoma · Jun 23, 1975

The above cases are clearly distinguishable in that the individuals whose rights were allegedly violated were alive; indeed, Tyree v. … “A finding in favor of defendants in that case is clearly no bar to this action since none of these plaintiffs is a party to that judgment.” Hampton v.

Williams v. Federal Deposit Insurance

723 F. Supp. 612 · District Court, W.D. Oklahoma · Aug 23, 1989

To invoke the protections of procedural or substantive due process afforded by the fifth amendment, the plaintiff must establish the existence of a recognized property interest in the benefit to which he claims an entitlement … Since this issue is likewise dispositive of the plaintiff’s claims against defendant Heafy, the Court finds consideration of defendant Heafy’s further claim of qualified immunity unnecessary.

Oklahoma State of v. United States Department of Interior

District Court, W.D. Oklahoma · Nov 9, 2022

But one thing must be clearly understood. … It therefore qualifies as an agency action under the APA.

Cloud v. Illinois Insurance Exchange

701 F. Supp. 197 · District Court, W.D. Oklahoma · Dec 2, 1988

The plaintiff argued that the association’s role in the insurance contracting process established its liability. … Schedule A of the insurance contract at issue clearly identifies Britamco as the underwriter.

Matousek v. Waukomis City of

District Court, W.D. Oklahoma · May 4, 2020

In Defendants’ view, caselaw establishes that the alleged facts are insufficient to support such a claim, and in any event, the defendant police officers are entitled to qualified immunity. … immunity.13 Plaintiff disagrees and asserts that she has alleged facts that constitute a constitutional violation showing that the officers’ actions were deliberately indifferent and it was clearly established at the

Rutherford v. United States

429 F. Supp. 506 · District Court, W.D. Oklahoma · Apr 8, 1977

It is clearly established that FDA has power to determine whether a particular drug requires an approved NDA in order to be sold to the public. Weinberger v. … In any event, the case relied upon by FDA is clearly distinguishable from the case at bar. In Durovic v.

Hawley

District Court, W.D. Oklahoma · Mar 27, 2026

Garner is therefore also entitled to qualified immunity. Montoya v. Vigil, 898 F.3d 1056, 1064 (10th Cir. 2018). 2. … Further, even the Motion’s two sections are not clearly divided as to non-Monell claims and Monell claims.

Christian

District Court, W.D. Oklahoma · Mar 31, 2026

Christian failed to exhaust his administrative remedies; and (2) they were entitled to qualified immunity. Id. at 5–8. … Conversely, Thompson and May contend they are entitled to qualified immunity because Mr.

Morris v. Oklahoma Department of Human Services

758 F. Supp. 2d 1212 · District Court, W.D. Oklahoma · Sep 24, 2010

DHS determined that in order to qualify for Medicaid, Mrs. Morris needed to spend down her $53,906 spousal share to $2,000. (Id. at 3-4.) Thereafter, Mrs. … Owens, 464 F.3d 1139, 1143 (10th Cir.2006) (“[T]he district court did not clearly decide whether this portion of the [Medicaid] statute creates a federal right enforceable under § 1983, but the parties have not disputed the

Smith v. Allbaugh

District Court, W.D. Oklahoma · Jul 29, 2022

On that interlocutory appeal, the pleading issue addressed by the Tenth Circuit was the Senior Defendants’ entitlement to qualified immunity on federal constitutional claims that had been brought by Plaintiff pursuant to … In concluding that the Senior Defendants were entitled to qualified immunity on those federal claims, the Tenth Circuit held that Plaintiff had “failed to sufficiently plead that Mr. Allbaugh and Mr.