Case law

Bishop v. Oklahoma Ex Rel. Edmondson

447 F. Supp. 2d 1239 · District Court, N.D. Oklahoma · Aug 16, 2006

In order to qualify for a civil union, a person must not *1247 be a party to another civil union or a marriage. See id. § 1202. … Therefore, Barton and Phillips’s legal status is clearly something more than a domestic partnership.

Atkins v. Lanning

415 F. Supp. 186 · District Court, N.D. Oklahoma · May 28, 1976

Clearly the District Attorney and those on his staff were acting under “color of law” when, based upon their investigation, they caused an arrest warrant to be issued against the plaintiff. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Opinion No. 74-221 (1975) Ag

Oklahoma Attorney General Reports · Feb 7, 1975

Do the members of the Board of Regents of South Oklahoma City Junior College, while acting as the governing board of the Area School District, qualify as employees under Section 12 of House Bill 1049 of the 1973 Legislature … In order to answer the above questions, it is necessary first to set forth the background relating to the establishment of the South Oklahoma City Junior College and South Oklahoma City Area School District.

Reininger v. Oklahoma

292 F. Supp. 3d 1254 · District Court, W.D. Oklahoma · Nov 9, 2017

It is established that "persons with disabilities do not compose a suspect class." Id. at 1123 ; see City of Cleburne v. … II validly abrogates state sovereign immunity."

Hershel v. University Hospital Foundation

610 P.2d 237 · Supreme Court of Oklahoma · Apr 15, 1980

Clearly, the party primarily benefiting from the hospital’s operation is not the State but those private individuals treated therein, “for the private advantage of the inhabitants of the city.” … capacity and would therefore enjoy immunity under either theory.

Powell v. Nunley

682 F. Supp. 2d 1260 · District Court, W.D. Oklahoma · Jan 14, 2010

The individual defendants all assert the defense of qualified immunity. … the right in question was clearly established at the time of the alleged violation.

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 21, 1995

Clearly, the intent of the Legislature is to get the services to the children in need. … An exclusive right is not granted to these agencies, because 609 clearly allows other agencies to qualify and receive funds as Youth Services Agencies.

Briggs v. OKL. EX REL. OKL. DEPT. OF HUMAN SERVICE

472 F. Supp. 2d 1304 · District Court, W.D. Oklahoma · Jan 31, 2007

"The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law." Elder v. … Thus, these defendants are not entitled to qualified immunity.

Graves v. Bowles

135 Okla. 109 · Supreme Court of Oklahoma · Feb 5, 1929

and from an Illinois case, which authorities we consider appropriate in the instant case: “ ‘The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges or immunities … We are of the opinion, and hold, that plaintiffs are clearly entitled to the relief sought by mandamus. Feuquay v. McAlester et al., 102 Okla. 164 , 228 Pac. 487 .

Cofield v. Farrell

38 Okla. 608 · Supreme Court of Oklahoma · Sep 2, 1913

Its language is prohibitory; but every prohibition implies the existence of rights and immunities, prominent among which is an immunity from inequality of legal protection, either for life, liberty, or property. … The fact that January- 1, 1866, was a date only about three years following the emancipation of the negroes does not establish that this constitutional amendment under consideration, on its face or in its necessary effect

Winton v. Board of Com'rs of Tulsa County, Okl.

88 F. Supp. 2d 1247 · District Court, N.D. Oklahoma · Feb 22, 2000

Sheriff Glanz’ Qualified Immunity 1267 b. The County’s Liability . 1267 2. Denial of Medical Care. 1269 a. Sheriff Glanz’ Individual Liability_ 1269 i. Sheriff Glanz ’ Qualified Immunity 1270 b. … Sheriff Glanz’ Qualified Immunity A public official performing a discretionary function is entitled to qualified immunity in a civil action for damages, provided his conduct does not violate clearly established constitutional

Ashford v. Edmond Public School District

822 F. Supp. 2d 1189 · District Court, W.D. Oklahoma · Sep 28, 2011

The individual defendants assert the defense of qualified immunity, which protects them from personal liability under § 1983 unless they violated a constitutional right that was clearly established at the time of their conduct … Plaintiffs have failed to respond to the individual defendants’ qualified immunity defense with argument showing that a student’s right of substantive due process in this context was “ ‘clearly established by reference to

JACKSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT v. KIRKLAND

2024 OK 4 · Supreme Court of Oklahoma · Feb 13, 2024

such immunity. … Establish uniform and sound fiscal procedures for the preparation, adoption, execution and control of budgets; 2.

Matlock v. Town of Harrah, Okl.

719 F. Supp. 1523 · District Court, W.D. Oklahoma · Aug 24, 1989

Immunity The individual defendants assert that they are immune from section 1983 liability under the qualified immunity doctrine of Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … immunity.

Bittle v. Bahe

192 P.3d 810 · Supreme Court of Oklahoma · Feb 5, 2008

casino's application for a state mixed beverage license clearly waives tribal immunity. … is a question of law to be decided by the court under established rules that a waiver cannot be implied, it must be unequivocal, and it must be strictly construed and that nothing less than a clearly expressed waiver will

Kerns v. Independent School District No. 31

44 F. Supp. 3d 1110 · District Court, N.D. Oklahoma · Sep 8, 2014

See id. at 1153. 2 Third, the Court rejected Alexander’s argument that he was entitled to qualified immunity due to the lack of any clearly established constitutional right. … the right was clearly established at the time of the defendant’s unlawful conduct.”

Wells Fargo Bank, National Ass'n v. Apache Tribe of Oklahoma

360 P.3d 1243 · Court of Civil Appeals of Oklahoma · Apr 4, 2014

Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity. The Apache Tribe conducts gaming operations in Oklahoma. … We have previously established that one such "matter" is the General Council's authority to delegate the power to waive sovereign immunity to the Business Committee.

Opinion No. Ag

Oklahoma Attorney General Reports · Nov 4, 1986

OPINION — AG — ** LIVING WILL — DEATH — TERMINATION — ATTENDING PHYSICIANS ** (1) IN ORDER FOR AN ATTENDING PHYSICIAN TO BE AFFORDED THE LEGAL PRESUMPTIONS AND PROTECTIONS ESTABLISHED IN THE OKLAHOMA NATURAL DEATH ACT, 63 … (IMMUNITY, TORT, "TERMINAL CONDITION", LIFE SUPPORT SYSTEM (MICHAEL SCOTT FERN) CITE: 21 O.S. 813 [ 21-813 ], 21 O.S. 818 [ 21-818 ], 63 O.S. 3102 [ 63-3102 ](7), 63 O.S. 3102 [ 63-3102 ](8), 63 O.S. 2103 [ 63-2103 ], 63

Oklahoma Observer v. Patton

73 F. Supp. 3d 1318 · District Court, W.D. Oklahoma · Dec 19, 2014

The relief sought here is within the scope of Ex parte Young and plaintiffs’ claims are not barred by Eleventh Amendment immunity. … If both elements are present, a qualified right of public access attaches to the process or proceeding. Id. at 9 , 106 S.Ct. 2735 .

Opinion No. 75-170 (1975) Ag

Oklahoma Attorney General Reports · Aug 29, 1975

It is necessary that members of an auxiliary police force be qualified under the provisions of 70 O.S. 3311 [ 70-3311 ] (1971) except where performing emergency functions as contemplated in the "Civil Defense Act", 63 O.S … Section 63 O.S. 683 .11 [ 63-683.11 ] provides in pertinent part: "(a) Each political subdivision of this state is hereby authorized and directed to establish a local organization for civil defense in accordance with the