Case law

Kennedy v. City of Talihina

265 P.3d 757 · Court of Civil Appeals of Oklahoma · Aug 10, 2011

However, in certain cireum-stances, the State has waived its sovereign immunity. … The GTCA establishes a notice procedure by which governmental entities are provided the opportunity to investigate and resolve claims prior to litigation.

Magnolia Petroleum Co. v. Suits

31 F.2d 205 · District Court, W.D. Oklahoma · Nov 28, 1928

“A qualified or determinable fee is defined in 10 R. C. … it is therefore a qualified or base fee.’

Caballero

District Court, N.D. Oklahoma · Jan 12, 2026

Qualified Immunity Finally, defendants argue that because, as a matter of law, probable cause has been actually determined to have existed at the time of the arrest, defendants are “entitled to qualified immunity … Qualified immunity shields a government official from civil liability, which they are entitled to “unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Matter of Estate of Hixon

715 P.2d 1087 · Supreme Court of Oklahoma · Feb 26, 1985

with or unless otherwise stated hereafter without the interposition of a trust; except that in the establishment of the principal provision may be made touching all matters covered by this Act, and the person establishing … Consequently, under the provisions of the will, the widow is entitled to such power and control over the estate devised to her as to effectuate the testator’s clearly expressed intent, not only to secure to her “income”,

MERITOR, INC. v. STATE ex rel. BD. OF REGENTS OF UNIVERSITY OF OKLA.

2019 OK CIV APP 64 · Court of Civil Appeals of Oklahoma · Sep 27, 2019

whether the trial court abused its discretion in making its decision. . . . " Under an abuse of discretion standard, the appellate court examines the evidence in the record and reverses only if the trial court's decision is clearly … Whether its immunity from discovery is absolute or qualified, a protected document cannot be said to be subject to "routine" disclosure.

Farrimond v. State Ex Rel. Fisher

71 O.B.A.J. 1769 · Supreme Court of Oklahoma · Jun 27, 2000

Clearly, the rehabilitator was not functioning as a unit of government in his endeavors to rehabilitate Kentucky Central. … [[Image here]] added.] 4 . - Although the issue here is not tort liability of a receiver, the law of judicial immunity is instructive.

Missouri Gas Energy v. Grant County Assessor

376 P.3d 923 · Court of Civil Appeals of Oklahoma · May 13, 2016

Appellees argued in their summary judgment motion that none of the gas allocated to MGE at the Webb storage facility qualified for the Freeport Exemption because natural gas in storage did not qualify as "goods, wares and … Water Resources Board, 1990 OK 121, ¶ 6 , 808 P.2d 1119 (setting forth general rule that statutory amendments are to be applied prospectively only unless the legislature clearly provides for retroactive application and stating

In the Matter of Estate of Fields

73 O.B.A.J. 428 · Court of Civil Appeals of Oklahoma · Dec 11, 2001

A document signed by Father, but which did not qualify as a last will, was discovered. … Jeffrey made no effort to establish Father's statements as a nuncupative will, 58 O.S.1991, 91 92; 84 O.S.1991, 51. 117 The findings and decree of the trial court are not clearly against the weight of the evidence.

Alexander v. Salazar

739 F. Supp. 2d 1333 · District Court, E.D. Oklahoma · Sep 13, 2010

Martinez, 436 U.S. 49, 58-59 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978), the Supreme Court recognized that Indian tribes, as sovereigns, possess immunity from suit and it held that, in light of such immunity, the ICRA does not … The one exception to this holding is the ICRA’s waiver of tribal immunity as to habeas corpus actions. Id.

United States v. Nealis

180 F. Supp. 3d 944 · District Court, N.D. Oklahoma · Apr 14, 2016

The Tribe owns and operates the hotel and has “clothed [it] with all the privileges and immunities of the Eastern Shawnee Tribe.” [Dkt. #23-10, p. 3]. … His duties were no more expansive than that of a private security guard employed at a private establishment. See Wade v.

SHELLEM v. GRUNEWELD

2023 OK 26 · Supreme Court of Oklahoma · Mar 28, 2023

The trial court denied the parents' Temporary Restraining Order, but granted a Temporary Injunction on the basis that the parents established the quarantine policy likely violated the Equal Protection Clause of the 14th Amendment … Rather, District asserts what determines whether a student should be temporarily quarantined is evidence of that student's heightened immunity to COVID-19.

Marriage of Finkenstaedt v. Finkenstaedt

352 P.3d 1266 · Court of Civil Appeals of Oklahoma · Nov 19, 2014

Based on the evidence presented at trial, we conclude Wife has neither demonstrated an abuse of discretion nor that the trial court's findings are clearly against the weight of the evidence. … The latter section applies to the admission of a "Corporate Member" as an additional member, which requires "all equity owners of the Corporate Member must be Qualified Members." .

Hathaway v. MEDICAL RESEARCH & TECH. AUTH.

49 P.3d 740 · Supreme Court of Oklahoma · Jun 18, 2002

At this point, the law clearly allowed appellant 180 days to bring suit. … A maneuver clearly engineered to avoid liability on a technicality. ¶ 21 The waiver of sovereign immunity is not a blue sky of limitless liability.

Martinez v. State Ex Rel. Department of Public Safety

321 P.3d 991 · Court of Civil Appeals of Oklahoma · Nov 5, 2013

It establishes only the pri-ma facie case for revocation. … This claim is possibly better described as one pursuant to 47 O.S.2011 § 756(C), which states, "To be admissible in a proceeding, the evidence must first be qualified by establishing that the test was administered to the

Board of Regents of University of Oklahoma v. Childers

197 Okla. 350 · Supreme Court of Oklahoma · Jul 9, 1946

The effect of House Bill 200, above, was to establish the Southern Oklahoma Hospital at Ardmore, to make it “an auxiliary to the University Hospital,” and to place it under “the control and management” of the Board of Regents … It clearly falls within the scope of the function of that board and the institution of higher education it operates.

Opinion No. (1995)

Oklahoma Attorney General Reports · Oct 12, 1995

once again examining the nature of the Fund, the Court concluded that the Fund was not protected by traditional sovereign immunity. … freeze in hiring," are part of the Oklahoma Personnel Act, and because that Act defines "agency" to include "department[s]" of the State, id. at § 840-1.3(1), such as the State Insurance Fund, and further because it was clearly

LISA R. HICKMAN v. JORDAN TURLEY, ANDY SIMMONS, RILEY BREEDLOVE, SHERIFF EMPLOYEE MOORE, CHRIS JACKSON, and GREGG MARTIN

District Court, E.D. Oklahoma · Feb 20, 2026

immunity. … Additionally, because Plaintiff failed to sufficiently state a claim that Defendants Simmons, Breedlove, Moore, and Martin violated a clearly established constitutional right, they are likewise entitled to qualified immunity

Apache Fixtures v. Erby

66 O.B.A.J. 2583 · Court of Civil Appeals of Oklahoma · Mar 28, 1995

The Rist court’s opinion, and its fourth syllabus, seem to clearly contradict the law that Loffland purports the case establishes. … Claimant testified he was given $100.00 a week expenses for preaching in a temporary capacity for which he is not educationally qualified.

Atchison, Topeka & Santa Fe Railroad v. Haynes

8 Okla. 576 · Supreme Court of Oklahoma · Aug 25, 1899

By section 10, art. 2, ch. 73, Statutes 1893 and .section 5773, Id., relating to schools, it is- provided that the inhabitants qualified to vote at a school meeting lawfully assembled shall have power, among other things, … within the county, and such fund be-apportioned to tbe various school districts in proportion to the number of children of school age in each of said districts; and, in addition thereto, the inhabitants of each district, qualified

Loud v. Jackson

District Court, E.D. Oklahoma · Mar 10, 2025

“Although qualified immunity defenses are typically resolved at the summary judgment stage, district courts may grant motions to dismiss on the basis of qualified immunity.” Myers v. … ) the right was clearly established at the time of the violation.