Case law

Brewer Ex Rel. Brewer v. Independent School District 1

64 O.B.A.J. 661 · Supreme Court of Oklahoma · Mar 2, 1993

State, 672 P.2d *569 1153 (Okla.1983), had not yet erased the doctrine of judicially established sovereign immunity. … Clearly the plaintiffs cannot proceed on their theory of failure to inspect.

Wittenberg v. Oklahoma Health Care Authority

781 F. Supp. 2d 1221 · District Court, N.D. Oklahoma · Mar 16, 2011

Although quasi-judicial or prosecutorial functions are protected by absolute immunity, investigative or administrative functions receive only qualified immunity. Id. at 1190, 1193 ; see also Becker v. … In considering the peer review committee’s entitlement to absolute immunity, the Tenth Circuit followed the test established in Cleavinger. Id. at 1317.

Handley v. State

69 Okla. Crim. 321 · Court of Criminal Appeals of Oklahoma · May 23, 1940

In those cases the statute clearly pro *327 vides that the person charged cannot be convicted upon the uncorroborated testimony of one such witness. … He has committed no offense; therefore, has nothing to confess and has no desire for immunity. The above statute clearly has no application to the instant case.

Crowe & Dunlevy, P.C. v. Stidham

609 F. Supp. 2d 1211 · District Court, N.D. Oklahoma · Apr 24, 2009

The Court accordingly finds that Crowe’s suit is not defeated by judicial immunity, as it clearly seeks “prospective injunctive relief.” See Pulliam, 466 U.S. at 541 — 42, 104 S.Ct. 1970 . 3 2. … Prairie Island Mdewakanton Sioux Indian Cmty., 991 F.2d 458 , 460 (8th Cir.1993) (“The protection of sovereign immunity is subject to the well established exception described in Ex Parte Young, 209 U.S. 123, 159-60 , 28 S.Ct

Opinion No. (1986)

Oklahoma Attorney General Reports · Feb 28, 1986

In a case where a city and/or county is the sole owner and operator of a hospital, do the limits set on waiver of immunity established in the Governmental Tort Claims Act, 51 O.S. 151 et seq. (1985), apply? 2. … Under this provision, the immunity established, and the limited waivers of that immunity are applicable, inter alia , to the state and its political subdivisions .

Washington v. DEPT. OF CORRS.

915 P.2d 359 · Supreme Court of Oklahoma · Apr 16, 1996

Similarly, we note that the prison officials assert that they were entitled to qualified immunity. … However, once a defendant raises qualified immunity, the burden shifts to the plaintiff to come forward with facts which show that the defendant's alleged conduct violated the law and that the law was clearly established

IN THE MATTER OF THE DEATH OF TAYLOR

343 P.3d 219 · Court of Civil Appeals of Oklahoma · Sep 26, 2014

As previously discussed, Santa Clara Pueblo established the rule for determining when Congress has waived a tribe's immunity from suit. … Ct. at 1705 (inherent in a sovereign's immunity from suit is the power to waive that immunity). Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity.

Slater

District Court, W.D. Oklahoma · Mar 26, 2026

In “exercis[ing] [its] sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first,” the Court first analyzes the clearly established law prong of the qualified immunity … Defendant argues he is entitled to qualified immunity because Plaintiff has failed to show that Defendant’s conduct violated a clearly established constitutional or statutory right. [Doc. No. 6, at 24].

CDR SYSTEMS CORPORATION v. OKLAHOMA TAX COMMISSION

339 P.3d 848 · Supreme Court of Oklahoma · Apr 22, 2014

CDR timely appealed, and COCA found that CDR's Privileges and Immunities argument was without merit because the U.S. … Supreme Court has held that a corporation is not a citizen within the meaning of the Privileges and Immunities Clause, citing Monell v.

Estate of King v. Wagoner County Board of County Commissioners

146 P.3d 833 · Court of Civil Appeals of Oklahoma · Jul 25, 2006

The writings by themselves fail to establish agency; they leave the precise legal status in a clouded or inconclusive state. … its probative value. 137 Arguing that Todd Sharp was not qualified, KTUL emphasizes that Sharp had never testified or been qualified before any court in the United States as an expert witness, and he holds a degree in general

Wiles v. Grace Petroleum Corp.

671 P.2d 682 · Court of Civil Appeals of Oklahoma · Oct 21, 1983

Because Western does not qualify as his section 11 employer, it has no secondary liability to answer in compensation. … Diggs, 16 the Oklahoma Supreme Court stated that allegations showing a failure to exercise reasonable care which increase the risk of harm are sufficient to establish liability.

Lowe v. Monard

942 P.2d 732 · Supreme Court of Oklahoma · Jul 9, 1997

If the defendant claims either qualified or absolute immunity in its answer, the court may order the plaintiff to file a detailed reply to the answer pursuant to subsection A of Section 2007 of Title 12 of the Oklahoma Statutes … That nisi prius order is clearly appealable. 12 O.S.1991 § 953. Recasting this proceeding into an original action is not necessary to dispose of the critical issue before us. ¶ 9 HARGRAVE, J., not voting.

Nuckols v. Van Wagner

511 P.2d 1110 · Court of Criminal Appeals of Oklahoma · Jun 13, 1973

immunity. … which the immunity is claimed.

Falvo v. Owasso Independent School District No. I-011

146 F. Supp. 2d 1137 · District Court, N.D. Oklahoma · Apr 26, 1999

In the alternative, defendants have argued that they are entitled to summary judgment based upon qualified immunity. The Court disagrees. … Because the rights of privacy under FERPA and the Fourteenth Amendment were clearly established at the time of the alleged violations, the defendants are not entitled to qualified immunity. See Mick v.

Merrill v. Seagraves

District Court, E.D. Oklahoma · Jun 30, 2025

Qualified immunity is a question of law, but disputes of fact that necessarily inform the qualified immunity analysis may go to a jury. Maestas v. Lujan, 351 F.3d 1001, 1007-09 (10th Cir.2003). … law for the qualified immunity analysis.” (#105 at 6).

Castillo v. Bobelu

1 F. Supp. 3d 1190 · District Court, W.D. Oklahoma · Feb 27, 2014

Robinson claims. 21 Qualified, Immunity Defendants Jones-Cooper, Dolan, and Larsen, who are sued in their supervisory 22 capacities, have asserted the defense of qualified immunity. … the right was clearly established at the time of the alleged unlawful activity.

Coleman v. State

70 Okla. Crim. 246 · Court of Criminal Appeals of Oklahoma · Jul 17, 1940

Ann., provides when immunity may be claimed in this state, and is as follows: “Any person having knowledge or possession of facts *251 that tend to establish the guilt of any other person or corporation charged with an offense … The facts in the instant case clearly show that no agreement was made with the county attorney, his assistants, or any other officer of Oklahoma county, as to his having immunity by reason of any statement which he might

Board of County Com'rs v. Good Twp.

188 Okla. 151 · Supreme Court of Oklahoma · Nov 12, 1940

It is insisted that the investment of the county’s sinking fund in the bonds in question was clearly a public right or duty as distinguished from a mere so-called private right, thus saving said county from the operation … County and municipal treasurers are enjoined, at their peril, to invest such fund when not needed presently for the retirement of the bonds for the payment of which the fund was established. Section 5917, O.

Estate of Rose Boehs, by and through Renee Heflin, Marlinda Lamle, and Desiree Selby, Personal Representatives; Estate of Penelope Lamle, by and through Joshua Lamle and Lexy Jobe, Personal Representatives; and Estate of Maxine Houston, by and through Dal Houston, Personal Representative v. Oklahoma Department of Human Services; Oklahoma Health Care Authority; Kayla Bean, individually; Lena Schweitzer, individually; Cynthia Wunderle, individually; and John Does

District Court, W.D. Oklahoma · Jun 12, 2026

at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” … right was clearly established at the time of the alleged violation.’”

WELLS v. OKLAHOMA ROOFING & SHEET METAL

2019 OK 45 · Supreme Court of Oklahoma · Jun 18, 2019

Because Oklahoma's workers' compensation laws clearly underscore and contemplate the accidental character of a workplace injury, an employer's immunity, then, cannot be stretched to include the employer's intentional acts … project, but this immunity shall not extend to the negligent preparation of design plans and specifications. 2 Adams v.