Case law

Vanlandingham v. Oklahoma City City of

District Court, W.D. Oklahoma · Oct 28, 2022

Firefighters’ defense of qualified immunity because the Fourth Amendment right asserted was not clearly established in September 2019. … See id. at 423 (defendants enjoyed qualified immunity unless their aggregated use of force was unconstitutional and violated clearly established law).

Miller v. Weber

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

Plaintiff may show the law to be “clearly established” by citing an on-point Supreme Court or Tenth Circuit decision, or by showing “the clearly established weight of authority from other courts . . . have found the law … Luna, 577 U.S. 7, 12 (2015) (“The dispositive question is whether the violative nature of particular conduct is clearly established.

Ponca Tribe of Oklahoma v. State of Okl.

834 F. Supp. 1341 · District Court, W.D. Oklahoma · Sep 8, 1992

States may, however, waive their Eleventh Amendment immunity and consent to suit in federal court, and, in certain cases, Congress may abrogate the States’ sovereign immunity. Port Authority Trans-Hudson Corp. v. … A court order to negotiate in good faith and conclude a tribal-state compact with the plaintiff clearly would infringe on executive discretion and fall outside the parameters of Ex parte Young.

Barker v. Weatherford Police Department

District Court, W.D. Oklahoma · Apr 18, 2025

To overcome the assertion of qualified immunity, the plaintiff “must establish (1) that the defendant violated a constitutional or statutory right, and (2) that this right was clearly established at the time of the defendant's … Plaintiff contends that qualified immunity does not apply because it is clearly established that the use of force against “effectively subdued” individuals violates the Fourth Amendment.

Vanlandingham

District Court, W.D. Oklahoma · Mar 18, 2026

The Tenth Circuit found the officers were entitled to qualified immunity, holding that the cases relied upon by the plaintiff did not amount to clearly established law. Id. at 876-80. … Officer Lee next argues that he is entitled to qualified immunity because his restraint of Mr. Vanlandingham did not violate clearly established law. The Court previously denied Officer Lee qualified immunity.

Vanlandingham v. Oklahoma City City of

District Court, W.D. Oklahoma · May 19, 2023

Because Firefighters are entitled to qualified immunity on Plaintiff’s Fourth Amendment claims “based on the absence of clearly established law, it necessarily follows that they are also entitled to qualified immunity on … As before, the Court finds that Firefighters are entitled to qualified immunity from this claim because Plaintiff has not shown their alleged failure to intervene violated clearly established law.

Bointy v. State of Oklahoma

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

immunity analysis, where [the court] ask[s] whether a clearly established constitutional right has been violated.” … Walters’ additional argument under the second prong of the qualified immunity analysis — whether the scope of supervisory liability, in the context of the facts and circumstances of this case, was clearly established at

Habyarimana v. Kagame

821 F. Supp. 2d 1244 · District Court, W.D. Oklahoma · Oct 28, 2011

Clearly the plaintiffs have not shown that they met the requirements of Federal Rule 4(e)(2) or 4(e)(4) because they failed to establish that they delivered a copy of the complaint to President Kagame or to his “authorized … McFaddon established a pattern of extreme deference to the Executive Branch, and for most of the ensuing 165 years the Executive Branch determined whether a foreign nation was entitled to immunity. Zemin at 624 .

Cohen v. Winkleman

428 F. Supp. 2d 1184 · District Court, W.D. Oklahoma · Apr 17, 2006

Similarly, waiver by the tribe will be found to exist only where the waiver is clearly and unequivocally expressed. E.F.W. v. St. Stephen’s Indian High School, 264 F.3d 1297 (10th Cir.2001). … Cases which have rejected application of the Dry Creek Lodge rule on this basis have generally involved matters which clearly implicated internal tribal affairs.

Kopaddy v. Pottawatomie County Public Safety Center

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

Applicable Standards Regarding Qualified Immunity “Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Given’s right to be free from an otherwise lawful arrest was clearly established at the time of his arrest, Defendant Duggan and Defendant Williams are entitled to qualified immunity as to any claims asserting a

Blankenship v. Stitt

District Court, W.D. Oklahoma · Feb 22, 2024

Qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Plaintiffs have failed to establish a violation of any clearly established constitutional right.

Williams v. Gray

District Court, W.D. Oklahoma · Oct 18, 2022

Failing these arguments, Defendant Fowler claims he is entitled to qualified immunity. … “[T]o show that a right is clearly established, the plaintiff must point to ‘a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Chandler v. O'Bryan

311 F. Supp. 1121 · District Court, W.D. Oklahoma · Apr 23, 1969

It concluded: “We cannot agree with O’Bryan’s contentions that Judge Chandler’s conduct was clearly in absence of any jurisdiction * * *.” Id at p. 989. … The moving party has established this clear absence to the satisfaction of the Court. The opposing party has suggested factual disputes which this Court finds neither material nor of a substantial nature.

Stewart v. Oklahoma City City of

District Court, W.D. Oklahoma · Jul 29, 2020

§ 1983 if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”22 When the defense of qualified immunity is invoked, the … conduct.”23 If the plaintiff fails to make either showing, the defendant is entitled to qualified immunity.24 But “[i]f the plaintiff indeed demonstrates that the [defendant] violated a clearly established violation

Altstatt v. Board Of County Commissioners for Oklahoma County

District Court, W.D. Oklahoma · Sep 25, 2023

the right was “clearly established” at the time of the challenged conduct.’” … In response to the Trustees’ qualified immunity argument, Plaintiff argues in full as follows: “The right to protection from harm from other inmates has been ‘clearly established’ for decades.

Willis v. Oklahoma County Detention Center

District Court, W.D. Oklahoma · Feb 1, 2022

to qualified immunity.” … Clearly Established Right To overcome the defense of qualified immunity, Plaintiff must additionally show that Johnson’s actions violated clearly established law.

Serpik v. Marsee

District Court, W.D. Oklahoma · Jun 6, 2022

As noted above, Defendant Hartman raises the defense of qualified immunity, which “shields public officials ... from damages actions unless their conduct was unreasonable in light of clearly established law.” Gann v. … When the defense of qualified immunity is asserted, a plaintiff must show: “(1) that the defendant's actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly established at

Jorgensen v. Oklahoma Juvenile Affairs Office

District Court, W.D. Oklahoma · Aug 26, 2019

that Aage’s alleged constitutional right was clearly established.4 The court therefore concludes that the claim is subject to dismissal based upon qualified immunity.5 As to the visitation claim, the court finds that … the claim is also subject to dismissal based upon qualified immunity.

Woodfork v. Whitten

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

When qualified immunity is raised in a Fed.R.Civ.P. 12(b)(6) motion, the plaintiff must carry the burden of establishing that the defendant violated clearly established law. … “clearly established” element.

Olupitan v. Board of Regents of the University of Oklahoma

District Court, W.D. Oklahoma · Apr 1, 2025

Plaintiff’s clearly established rights occurred. … Violation of a Clearly Established Right “Although qualified immunity defenses are typically resolved at the summary judgment stage, district courts may grant motions to dismiss on the basis of qualified