Case law

Skillings v. Crowder

District Court, N.D. Oklahoma · Jul 28, 2021

Under the doctrine of qualified immunity, government officials are shielded from liability unless the federally protected right was “clearly established” at the time the right was violated. Tolan v. … Skillings’s clearly established right not to be arrested except on probable cause that she had committed a crime, they are not entitled to qualified immunity.

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA

2017 OK 15 · Supreme Court of Oklahoma · Feb 22, 2017

immunity. … The dispute between Parishioner and the Elders is clearly not immune from secular judicature and was properly before the trial court. Guinn , 1989 OK 8, ¶¶17-18 (footnotes omitted).

D.G. Ex Rel. Stricklin v. Henry

594 F. Supp. 2d 1273 · District Court, N.D. Oklahoma · Jan 19, 2009

Requirements for Finding a Statute Creates a Private Cause of Action Section 1983 imposes liability upon anyone who, under color of state law, deprives a person “of any rights, privileges, or immunities secured by the Constitution … This clearly does not confer any private right of action to plaintiff children. 4 Rather, it is but another requirement of State Plans. 6.

Gibson v. Copeland

71 O.B.A.J. 2951 · Court of Civil Appeals of Oklahoma · Sep 26, 2000

incarceration. 113 Hence, the case presents a claim for replevin by an incarcerated individual which then raises two questions: (1) Does Oklahoma statutory replevin fall within the seope of the GTCA; and, (2) If so, does the GTCA establish … Id. at 288. $15 The GTCA applies to the tort claims aspects of Gibson's statutory replevin remedy and provides immunity.

Sinclair Oil & Gas Co. v. Crane

175 Okla. 198 · Supreme Court of Oklahoma · Sep 25, 1935

Whether or not said jurors were qualified was a matter to be tried and determined by the trial court. This the trial court did and determined each of said named parties to be qualified jurors. … It is apparent that the witnesses were testifying as to the value of the land after, the injury, and we are of the opinion that the plaintiffs properly established their measure of damages.

Coats v. Benton

80 Okla. 93 · Supreme Court of Oklahoma · Dec 7, 1920

A careful examination of the evidence clearly establishes that the protestant was an industrious, sober, moral' b.oy; that he attended Sunday school and-ehurch. … The term “qualified,” as used in section 1140, supra, wherein it is provided that persons of whatsoever age who have been legally married and who are otherwise qualified, may dispose of and make contracts relating to real

Apache Gas Products Corp. v. Oklahoma Tax Commission

509 P.2d 109 · Supreme Court of Oklahoma · Mar 27, 1973

Broadly speaking, none of the evidence clearly established whether any of the gas prices shown on defendant’s Exhibit 6 did or did not represent the “cash price” that prevailed in Lincoln County for natural gas “of like kind … The whole purpose of the opinion was to avoid the immunity of mineral operators under federal leases.

Sheets v. Sheets

75 O.B.A.J. 232 · Court of Civil Appeals of Oklahoma · Dec 12, 2003

By using the terms “foreseen changes” the Legislature clearly intended that any prospective adjustments to child support be reasonably related to known or clearly ascertainable changes in expenses or income, such as: known … Thielenhaus, 1995 OK 5 , ¶ 19, 890 P.2d 925, 934-35 , the Supreme Court reiterated the rule established by 43 O.S.

American Airlines v. Hervey

72 O.B.A.J. 2716 · Supreme Court of Oklahoma · Sep 18, 2001

employment during the healing period may be entitled to TPD compensation during all or part of the healing period, even though that worker does not qualify for TTD compensation. … The Workers' Compensation Court failed to consider whether the claimant was eligible for TPD compensation during all, or any part, of that time period, although the issue was clearly presented by the evidence.

Lowe v. Consolidated School Dist. No. 97

79 Okla. 115 · Supreme Court of Oklahoma · Aug 10, 1920

Laws 1913, provides for the establishment of consolidated school districts, and the proviso to said section is; “That all or a part of any district adjaceat to a consolidated district shall be attached to and become a part … This is clearly against the obvious intention of the Legislature.

CARISTA v. VALUCK

394 P.3d 253 · Court of Civil Appeals of Oklahoma · Sep 19, 2016

If the prescription is “unreasonable on its face,” e.g., it prescribes facially bizarre quantities or dosages clearly outside of any acceptable range, or clearly inappropriate drugs; and 2. … However, as we have identified in this opinion, although the immunity granted by the “learned intermediary” doctrine and other Oklahoma statutes is broad, it is not absolute.

AMS STAFF LEASING INC. v. THOMPSON

344 P.3d 1105 · Court of Civil Appeals of Oklahoma · Feb 2, 2015

The order to commute clearly shortens the duration of benefits. The court therefore finds the last order in this matter (commutation) directly affects the range of monetary benefits. … alleges a single, first-impression ground of error: whether the workers' compensation court's December 2009 order granting Claimant's request to commute to a lump sum a portion of his PPD award extended the statutorily established

JOHNSON v. GEO GROUP, INC.

436 P.3d 759 · Court of Civil Appeals of Oklahoma · Jun 15, 2018

And, this notice was clearly provided "within one (1) year after the loss occurs." Id . … As previously established, none of the GEO parties is either.

Kinney v. Heatherington

38 Okla. 74 · Supreme Court of Oklahoma · Jan 21, 1913

In our judgment this conclusion on his part was-clearly error and ought not to stand. … It would be a pitiable commentary upon the impoteney of a court of equity to do justice and equity if, in view of the facts established in this case, it were powerless to render relief.

Reid v. City of Muskogee

137 Okla. 44 · Supreme Court of Oklahoma · Jun 4, 1929

This rule is well established in this state, and we can come, to no other conclusion from th'e record before us than that the contention of plaintiffs in this regard is wholly without merit. … In our judgment the most that can be said here is that som'e of the voters might have been misled by some one interested in the result of the election, and even that does not clearly appear.

Opinion No. 76-256 (1976) Ag

Oklahoma Attorney General Reports · Jul 12, 1976

Said statutes established a "rational and relevant formula for uniformity of salaries and wages and of future increases and decreases thereof." … Since said superintendent is employed by the county commissioner he is qualified to receive eighty percent (80%) of the salary of the principal officer i.e. a county commissioner.

Rath v. LaFon

431 P.2d 312 · Supreme Court of Oklahoma · Feb 21, 1967

Upon a careful reading of the entire statute dealing with the crea-, tion of courts such as here involved, we are of the opinion that the act clearly required that such court be established at a city “with a population of … The defendant thereafter duly qualified for the office and entered upon the performance of his duties.

Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, District 16

2024 OK AG 5 · Oklahoma Attorney General Reports · Feb 28, 2024

Executive Director of the ODOT ¶8 The position of Executive Director of ODOT clearly meets each element of the foregoing Century Indemnity test. First, the position, is expressly established by ODOT's enabling statutes. … OAC 731:10-1-5(7). ¶18 The position of Executive Director of OTA is thus clearly established by law and provides definite duties. Therefore, the first two elements of the Century Indemnity test are met.

Hollis v. State ex rel. Department of Public Safety

131 P.3d 145 · Court of Civil Appeals of Oklahoma · Nov 14, 2005

The burden of proving incapacity to refuse to submit to the test rests with the licensee if, and after, DPS has established its prima facie case. … If this were a criminal proceeding, Oklahoma law clearly provides the defendant would have the burden of proving incapacity to refuse to submit to the breath or blood tests under the same statute, 47 O.S.

IN RE APPLICATION OF GREEN FOR ADMISSION TO OKLA. BAR ASSOC.

2016 OK 98 · Supreme Court of Oklahoma · Sep 20, 2016

admission by motion under our Rule Two is "the continuous practice of law in a RECIPROCAL STATE for five of the last seven years immediately preceding the filing of his request for admission on motion under Rule Two." ¶6 CLEARLY … a violation of our oath of office. ¶15 Reciprocity is a privilege and not a right. ¶16 Indeed, a great majority of the states grant reciprocity to lawyers of sister states who meet their requirements, which Major Green clearly