Case law

Thompson v. Sirmons

617 F. Supp. 2d 1129 · District Court, W.D. Oklahoma · Dec 22, 2008

The OCCA’s determination of this issue is not contrary to or an unreasonable application of clearly established federal law. 2. … Therefore, Gatewood’s testimony clearly qualifies as accomplice testimony. According to Gatewood, Davis told Stevenson to tell McQuin to move his car. Tr. Vol. II at 165-166.

Warner v. Workman

814 F. Supp. 2d 1188 · District Court, W.D. Oklahoma · Aug 31, 2011

However, the Court later *1217 qualified the rule from Enmund . … Petitioner has failed to establish that the OCCA’s determination was contrary to, or an unreasonable application of, clearly established federal law.

Miller v. Legacy Bank

District Court, W.D. Oklahoma · Aug 4, 2023

See 1 To establish a prima facie ECOA claim, a plaintiff must plead factual allegations demonstrating, inter alia, that the loan application was rejected despite the plaintiff’s qualifications. … Although Plaintiff claims that Defendant “has admitted clearly and unambiguously that [he] was qualified for the loan and that the Lottie property was sufficient collateral,”3 the current record reflects otherwise.

Jet Air Inc v. Alliance Air Parts Inc

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

Jet Air filed the instant Motion seeking to quash the McLarens Subpoena on the grounds that it seeks information—namely, the McLarens Report—that qualifies as protected work product.3 3 Although … ecause litigation can, in a sense, be foreseen from the time of occurrence of almost any incident, courts have interpreted the Rule to require a higher level of anticipation in order to give a reasonable scope to the immunity

Miguel Angel Jiminez Leon v. Warden of Diamondback Correctional Facility, et al.

District Court, W.D. Oklahoma · Apr 16, 2026

motivated by a need to gatekeep “intruders or uninvited meddlers, styling themselves next friends.”8 It is the burden of the prospective next friend to “clearly . . . establish the propriety of [her next friend] status … Because lack of English proficiency is readily curable through use of a translator, it isn’t the sort of uncurable disabilities or incapacity that would warrant next friend standing, unless the prospective next friend establishes

Pierce v. Gray

District Court, W.D. Oklahoma · Oct 8, 2025

The factual contentions are set out in separately numbered paragraphs, the causes of action are clearly labeled, and the allegations provide fair notice as to the basis of the claims. … And, because “immunity is justified and defined by the functions it protects and serves, not by the person to whom it attaches,” absolute judicial immunity “may extend to persons other than a judge where performance of

Bolton v. Scrivner, Inc.

836 F. Supp. 783 · District Court, W.D. Oklahoma · Nov 9, 1993

Plaintiff fails to establish such a connection regarding Goodpasture’s remarks. … Whether plaintiff is currently employed by Scrivner is clearly in dispute from the facts of this case and, therefore, must be resolved in favor of the plaintiff's position as the non-moving party for the purposes of this

Comanche Nation v. Ware

District Court, W.D. Oklahoma · Sep 30, 2024

“[A] party seeking to assert a claim against the government . . . must . . . point to a specific waiver of immunity in order to establish jurisdiction.” Normandy Apartments, 554 F.3d at 1295. … Supp. 2d at 124-25 (“The NIGC clearly has the authority to enforce civil penalties against those who violate IGRA.

New Gaming Systems, Inc. v. National Indian Gaming Commission

896 F. Supp. 2d 1093 · District Court, W.D. Oklahoma · Sep 13, 2012

The Nation then moved to dismiss this action on the basis of sovereign immunity and issue preclusion. The court denied the motion following a hearing on December 2, 2011. … The court “review[s] matters of law de novo and will defer to the agency’s construction of the [statute] if Congress has not clearly spoken on the issue before [the court] and has delegated authority over the subject at issue

Chesser

District Court, W.D. Oklahoma · Aug 25, 2026

was contrary to or an unreasonable application of clearly established federal law. … the OCCA’s decision was contrary to or an unreasonable application of clearly established federal law.

Todd v. Oklahoma State Democratic Central Committee

361 F. Supp. 491 · District Court, W.D. Oklahoma · Jun 29, 1973

At the precinct level all duly qualified Democrats of the precinct are permitted to vote. … It follows that the case is clearly distinguishable from the case at hand. Likewise the holding in Grimes v.

Trumbower v. Sports Car Club of America, Inc.

428 F. Supp. 1113 · District Court, W.D. Oklahoma · Aug 12, 1976

The intent could hardly be expressed more clearly. … The Court finds no Oklahoma case which establishes a test for determining relative bargaining power.

O'DELL v. Lamb-Grays Harbor Co.

911 F. Supp. 490 · District Court, W.D. Oklahoma · Sep 14, 1995

In addition, “the plain language of Rule 56(e) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of … The design drawings attached to Sund’s brief clearly indicate that the slat conveyor was designed to be bolted and welded into the floor.

Rodriguez

District Court, W.D. Oklahoma · Sep 9, 2026

“Where Congress has not clearly required exhaustion,” making it nonjurisdictional, “sound judicial discretion governs.” McCarthy v. … Respondents, though, have not established an Oklahoma conviction for either offense qualifies as an offense for “a crime involving moral turpitude.”

Hooks v. Workman

693 F. Supp. 2d 1280 · District Court, W.D. Oklahoma · Feb 26, 2010

Petitioner has not demonstrated the OCCA’s determination to be contrary to, or an unreasonable of, clearly established law as determined by the Supreme Court. … Prater, or more importantly, that the OCCA’s determination was contrary to, or an unreasonable application of, clearly established federal law. 3.

Theron v. Board of County Commissioners

District Court, W.D. Oklahoma · Sep 26, 2024

a less-qualified employee. … established public policy.

Atain Speciality Insurance v. Tribal Construction Co.

912 F. Supp. 2d 1260 · District Court, W.D. Oklahoma · Dec 14, 2012

is not owned by or rented or loaned to you or any insured. (5) “Bodily injury” or “property damage” arising out of: (A) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify … However, the Court will not “impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered.” Id.

Hartman v. United States

923 F. Supp. 2d 1287 · District Court, W.D. Oklahoma · Feb 8, 2013

OCAT entered into a contract work plan with the USDA, which expressly included Wiley Post and employed an FAA-qualified wildlife biologist. … Plaintiffs’ response is argumentative and clearly is not a proper refutation of paragraph 26 of defendants’ Statement of Undisputed Facts, which is supported by evidence in the record; and which clearly pertains to hazards

Neal

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

Stephens’s rights, and (4) Officers Cunningham and Francis are entitled to qualified immunity. Judge Erwin recommends granting summary judgment only in favor of Officer Francis. … district court may review a magistrate judge’s recommendation under any standard it deems appropriate.5 Discussion To establish

Champion v. Jordan

District Court, W.D. Oklahoma · Sep 14, 2023

Champion in his response and Officer McCalister in his reply discuss the defense of qualified immunity, “[t]he defense of qualified immunity ‘is available only in suits against officials sued in their personal capacities … Thus, it is not necessary for the Court to determine whether any constitutional right was clearly established at the time of Officer McCalister’s actions. Regardless, the Court finds that Mr.