Case law

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

Jack Little Foundation for Aid to Deaf v. Jones

102 F. Supp. 326 · District Court, W.D. Oklahoma · Dec 10, 1951

McLarney, Deputy Commissioner, notified the Foundation of the Commissioner’s decision that the Foundation was engaged in activities which would prevent its being qualified as exempt under Section 101(6) of the Internal Revenue … An examination of the cases relied upon by the defendant and the United States clearly shows that those cases are not applicable to the case now before the court.

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.

Hall v. Conocophillips

248 F. Supp. 3d 1177 · District Court, W.D. Oklahoma · Mar 31, 2017

To establish plaintiff’s benzene exposure, Dr. … Mitchell testified that he was qualified to tell Dr.

Phillips v. Brittian

District Court, W.D. Oklahoma · Jan 17, 2020

Clearly, Plaintiff cannot be said to have been outside the course of employment when sleeping in the trailer’s sleeper berth. … The Oklahoma Supreme Court has even addressed this immunity in the context of work-related car accidents. In Deffenbaugh v.

Foudazi v. Blinken

District Court, W.D. Oklahoma · Apr 23, 2025

“A facial attack assumes the allegations in the complaint are true and argues that they fail to establish jurisdiction. … However, Reza has sufficiently alleged a concrete and particularized injury sufficient to establish standing at this stage of the litigation. See Trump v.

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

778 F. Supp. 1144 · District Court, W.D. Oklahoma · Nov 7, 1991

schools as stand-alones could not have been the basis for adoption of the SRP. 64 But the establishment of stand-alone schools when certain qualifying criteria were met was clearly part of the Finger Plan. … The court finds this evidence clearly establishes increased community involvement as a goal of the SRP. 74 3.

Mize v. Liberty Mutual Insurance

393 F. Supp. 2d 1223 · District Court, W.D. Oklahoma · Jun 29, 2005

First, they argue that Mize fails (in his Amended Complaint) to allege facts sufficient to establish LMIC’s liability for negligence. … Section § 230.30, however, is clearly an act of the Oklahoma Legislature that, like § 230.24, establishes the powers and duties of the Corporation Commission. See Okla.

Tyler v. United States of America

District Court, W.D. Oklahoma · Apr 29, 2024

On appeal, the Tenth Circuit affirmed the district court’s decision to deny the officer qualified immunity on both claims. See id. at 1294. None of these cases are relevant, however, because Mr. … Supp. 3d 1173, 1217 (D.N.M. 2017) (noting that the “Tenth Circuit has emphasized that all dismissals for lack of jurisdiction, including those for a failure to establish a waiver of sovereign immunity under the FTCA, should

Elder v. United States

District Court, W.D. Oklahoma · Oct 7, 2021

The FTCA provides a waiver of sovereign immunity, but that waiver is narrowly and strictly construed. … Examination of the administrative claim filed by Plaintiff establishes that he made no mention of a June 13 claim in that document.

Vails v. Southwestern Bell Telephone Co.

504 F. Supp. 740 · District Court, W.D. Oklahoma · May 12, 1980

The above cited cases held essentially that a telephone company could limit its liability for negligent omissions or errors in directory advertising so long as it does not seek immunity from gross negligence or wilful misconduct … Therefore, as Defendant is apparently under no legal duty to make such a disclosure of the individual terms, and as the location of the terms and conditions of the contract was clearly pointed out to Plaintiff if he desired

Morris v. OKLAHOMA DEPT. OF HUMAN SERVICES

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

Morris's assets equaled $107,812, excluding exempt property under the Social Security Act. ( Id. ) DHS determined that in order to qualify for Medicaid, 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

Colorado Interstate Gas Co. v. Oklahoma, Ex Rel. Commissioners of the Land Office

760 F. Supp. 1466 · District Court, W.D. Oklahoma · Mar 12, 1991

Moreover, the Act clearly expresses the policy to avoid piecemeal litigation. Id. … This is perhaps most clearly illustrated by the language of plaintiffs’ complaint.

David v. Crow

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

by Defendant Lawson; (4) failure to state a due process claim upon which relief can be granted; and (5) qualified immunity. … &R., the Magistrate Judge reviewed Plaintiff’s grievance submissions and found that Plaintiff did not complete the grievance process with respect to the First Amendment claim and did not establish that the grievance

Kirkpatrick v. United States

449 F. Supp. 186 · District Court, W.D. Oklahoma · Feb 21, 1978

A Motion for Summary Judgment should be granted only when the moving party has established the absence of any genuine issue as to a material fact. Williams Petroleum Co. v. … In the instant ease, the record before the Court clearly establishes that the Tower was build with the proceeds of the Bonds and leased to Mercy Hospital, an exempt person.

DeMarsh v. Payzant

550 F. Supp. 4 · District Court, W.D. Oklahoma · Aug 12, 1981

U.S. 952 , 99 S.Ct. 2182 , 60 L.Ed.2d 1058 (1979), we described the test for determining whether a complaint asserts, on its face, a substantial federal question: “A case ‘arises’ under the laws of the United States if it clearly … First National Bank of Guymon, Oklahoma, 437 F.Supp. 788 (W.D.Okl. 1977), as follows: [T]o establish jurisdiction under 28 U.S.C. § 1343 (3), Plaintiff must raise a substantial federal question.

Stiner v. Califano

438 F. Supp. 796 · District Court, W.D. Oklahoma · Sep 26, 1977

implementation of the statute and regulation would be in violation of the Due Process Clauses of the Fifth and Fourteenth Amendments, a denial of the equal protection of the law, and an abridgement of their privileges and immunities … Accordingly, we must hold that grounds for invalidating the statute and regulation have not been established and that the relief the plaintiffs seek must be denied and the action dismissed. 1 . 42 U.S.C. § 1397a(a)(9)(A),

Prather

District Court, W.D. Oklahoma · Sep 2, 2026

Qualified immunity Defendant Sebzda also asserts he is entitled to qualified immunity. Doc. 18 at 11- 12. … Because Plaintiff fails to plausibly allege a constitutional violation and thus fails to state a claim upon which relief may be granted, it is unnecessary to address Defendant Sebzda’s argument regarding qualified immunity

Oklahoma State of v. United States Department of the 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.

Neal v. Sheriff of Canadian County

District Court, W.D. Oklahoma · Feb 20, 2025

Womack and did not report his chest pain to a physician or other more qualified medical professional. … under the OGTCA, concluding that the immunity determination is premature at the motion to dismiss stage.