Case law

Logan v. Oklahoma City Police Department

District Court, W.D. Oklahoma · Jun 11, 2025

The Officers moved to dismiss Plaintiff’s claims on the basis of qualified immunity [Doc. No. 11]. … On June 12, 2024, the Court granted the Officers’ motion to dismiss and found that the Officers were entitled to qualified immunity [Doc. No. 15].

Slaughter v. State

69 O.B.A.J. 87 · Court of Criminal Appeals of Oklahoma · Dec 17, 1997

This Court has defined “abuse of discretion” as “clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and against the application.” R.J.D. v. … One of the terms of this agreement was that Johnson would be immune from prosecution for assisting Appellant if she agreed to cooperate with authorities in their investigation.

In Re Estates of McLean

231 P.3d 727 · Court of Civil Appeals of Oklahoma · Dec 4, 2009

There is no ambiguity in the text of the Will and insufficient evidence of latent ambiguity to warrant resort to extrinsic evidence to establish intent. … Under Oklahoma law, the video tape is inadmissible to demonstrate Beulah's intentional omission of Bartley. 121 Beulah failed to clearly express her intent to disinherit Bartley in her Will.

OKLAHOMA AUTOMOBILE DEALERS ASSOC. v. STATE ex rel. OKLAHOMA TAX COMM.

2017 OK 64 · Supreme Court of Oklahoma · Aug 31, 2017

No one presently enjoying a tax exemption will be immune from this procedural vote. … The qualified electors 'levy' a tax when they vote to impose it." Id.

State v. Gillaspie

11 Okla. Crim. 631 · Court of Criminal Appeals of Oklahoma · Jul 17, 1915

Henry, the duly elected, qualified, and acting county attorney of Greer county, state of Oklahoma, and in behalf of, and in the name of, the state of Oklahoma, presents in *633 and to the district court of said Greer county … We are of opinion that the testimony was not only sufficient to warrant the court in submitting the cause to the jury by proper instructions, but clearly establishes absolute guilt of this charge.

Wirtz v. Regalado

District Court, N.D. Oklahoma · Feb 10, 2020

Herman further argues he is entitled to qualified immunity because Wirtz fails to show a constitutional violation. Id. at 9-10. … immunity.

Oklahoma Chapter of the American Academy of Pediatrics v. Fogarty

205 F. Supp. 2d 1265 · District Court, N.D. Oklahoma · May 21, 2002

There are exceptions to Eleventh Amendment immunity, but plaintiffs rely instead on the doctrine set forth in Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908). … B. 42 U.S.C. § 1983 To establish a claim under section 1983, plaintiffs must plead and prove that defendants, acting under color of state law, deprived plaintiffs of a right, privilege, or immunity secured by the Constitution

Floyd v. National Steel Corp.

629 P.2d 1292 · Court of Civil Appeals of Oklahoma · Mar 17, 1981

The rule automatically establishes a briefing time cycle and permits the court to timely rule on the motion. It is merely an administrative device which may not be used to circumvent a statutory right to appeal. … The court declared Sun a secondary employer, thus immune by reason of the Act. The decision turned on the fact that Sun maintained and operated its own fleet of trucks for delivery of its own products.

Nunley v. Loftis

100 Okla. 46 · Supreme Court of Oklahoma · Oct 9, 1923

Loftis of Texola, in the state of Oklahoma, and a qualified person did at public auction held in the city of Sayre in the state of Oklahoma, enter into a contract of purchase from the Commissioners of the Land Office of the … The authorities and statute cited would clearly prohibit the rendition of such a judgment -as prayed for by plaintiff in error, defendant below, in his cross-peth tion.

VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

348 P.3d 1093 · Court of Civil Appeals of Oklahoma · Nov 25, 2014

Fidelity & Guaranty Co., 1970 OK 121 , 471 P.2d 883 , 'and appeared to reaffirm that a claim of immunity from recovery pursuant to the limitation period was subject to claims of waiver and estoppel. … Vanguard's right to payment or any amount due is not yet established, nor is LWCC's exact status as the main contractor.

Mantha v. Liquid Carbonic Industries, Inc.

63 O.B.A.J. 3229 · Court of Civil Appeals of Oklahoma · Mar 17, 1992

The findings of the arbitrator were clearly irregular and have no binding effect in this litigation. … This is clearly not a correct assessment of the law. The Workers’ Compensation Act provides a cause of action which would not otherwise exist, and § 6 was added to qualify the damages available.

In Re Enochs' Estates

322 P.2d 197 · Supreme Court of Oklahoma · Feb 18, 1958

Gammel, or the nominee, Federal National Bank of Shawnee, is duly qualified to discharge the duties of the trust. … The right of the Federal National Bank to serve as administrator of Lorraine Gammel Enochs’ estate is clearly demonstrated to be founded upon the written request of Odell A.

Protest of Chicago, R, I. & P. Ry. Co.

137 Okla. 186 · Supreme Court of Oklahoma · Jun 25, 1929

Hopkins, 75 Okla. 260 , 183 Pac. 507 , this court in discussing the office of the proviso held that: “The natural and appropriate office of a proviso being to restrain or qualify some preceding matter, it should be confined … to *190 what precedes it, unless it clearly appears to have been intended to apply to some oth-. er matter.”

Stone v. Reynolds

7 Okla. 397 · Supreme Court of Oklahoma · Jul 30, 1898

The petition alleges sufficient facts to present the question as to whether the plaintiff was elected for two- or four years at' the election of 1894, and the facts proven clearly establish his right to the office, if the … The act of the board of which he was a member, in attempting to change the number of the district in which he lived, after the board had once established the boundaries of the districts and numbered them, is wholly immaterial

Collins v. McDowell

85 Okla. 21 · Supreme Court of Oklahoma · Jan 31, 1922

No attempt was made to establish the charge of fraud on the court, and it was later admitted that the officer was qualified to make service of summons. … And the rules controlling the question here involved were clearly stated in the syllabus of that opinion as follows: “5.

Higgins v. Pipkin

360 P.2d 231 · Supreme Court of Oklahoma · Mar 7, 1961

it is clearly against the weight of the evidence. … We think the most qualified witness was Dr. P. D. M. of the hospital at Seminole.

Wood v. Wood

61 O.B.A.J. 1963 · Court of Civil Appeals of Oklahoma · Jun 5, 1990

In addition, Appellee was awarded 40% of Appellant’s retirement and pension, limited to the benefits as of July 2, 1988 (the date of vestment) pursuant to a qualified domestic relations order of August 11, 1988. … We find no abuse of discretion and the award is not clearly against the weight of the evidence.

Enghlin v. Pittsburg County Ry. Co.

169 Okla. 106 · Supreme Court of Oklahoma · Sep 25, 1934

Under this proposition plaintiff in effect contends that the preponderance of the evidence is so clearly in her favor as to require a reversal. … The record discloses that plaintiff produced evidence which if believed by the jury, or if accepted by the jury as being of the greater weight, would clearly entitle her to a verdict.

Bowie v. State

816 P.2d 1143 · Court of Criminal Appeals of Oklahoma · Oct 17, 1991

We find no inconsistencies between that ruling and the immunity agreement with Britt. … Such is clearly contrary to the purpose of 22 O.S. § 1347, et seq.

Pitcher v. Dervage, Superintendent of Public

56 Okla. 383 · Supreme Court of Oklahoma · Mar 14, 1916

The said plaintiff alleged that he was a qualified elector of one of the districts affected by the consolidation. … At a hearing the petitioner was denied any relief, the court holding that the consolidated school district had been formed and established in compliance with the law.