Case law

LeBlue v. Berry

District Court, E.D. Oklahoma · Sep 1, 2022

Colonel Sugg promulgated, created, implemented or possessed responsibility for the continued operation of a policy that (2) caused the complained of constitutional harm, and (3) acted with the state of mind required to establish … As Plaintiffs have not alleged a Constitutional violation, Colonel Sugg is entitled to qualified immunity. Furthermore, the court found that amendment would be futile.

City of Guymon v. Butler

75 O.B.A.J. 1489 · Supreme Court of Oklahoma · May 25, 2004

The district court found that the project qualified as a public project and the expenditures were for a public purpose. … If consent is not required, clearly no written agreement is required. 29 Proposition V maintains that the City failed to heed the advice of the Oklahoma State Bond Advisor.

Wishard v. State

5 Okla. Crim. 610 · Court of Criminal Appeals of Oklahoma · May 2, 1911

The principle that an instruction, which is general in its character, may be limited or qualified by other instructions given, does not contravene the rule that “material error in one instruction calculated to mislead is … Without going further into the testimony, we are clearly of the opinion that the verdict of the jury is abundantly sustained by the evidence.

Byford v. Town of Asher

65 O.B.A.J. 1634 · Supreme Court of Oklahoma · May 10, 1994

The terms of 13 O.S. 1991 § 32 establish the duty owed to a passenger by a carrier for hire. … Establish and change the grade of any street, avenue, lane, alley or other place; 4.

Peed v. Gresham

53 Okla. 205 · Supreme Court of Oklahoma · Mar 7, 1916

In the petition praying for the issuance of the writ the relators, defendants in error here, allege in substance that they are qualified electors and citizens of said city of Collinsville; that the recall petition was circulated … The case is therefore governed by the well-established principle that whenever any person or persons have authority to hear and determine any question, their determination is, in effect, a judgment having all the incidents

Beavers v. Byers

239 P.3d 484 · Court of Civil Appeals of Oklahoma · Jul 9, 2010

Byers has not argued any error with the trial court's "willful" or "fixture" determinations nor has he argued or cited legal authority that fixtures do not qualify as "property" under § 940(A). … On this record, we cannot say that the trial judge's decision was clearly erroneous or without a basis in reason or evidence.

Opinion No. (1980) Ag

Oklahoma Attorney General Reports · Jan 18, 1980

The board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district. … As previously noted, this would include the minimum salary schedule for a teacher of the same experience, grade and academic rank as established by law.

Hindman v. Thompson

557 F. Supp. 2d 1293 · District Court, N.D. Oklahoma · Mar 4, 2008

The Tenth Circuit has noted that what constitutes a hostile work environment in the context of section 1983 is not clearly established in this circuit. See Mitchell v. … The State fails to clearly distinguish these two claims in its briefing before the Court. 10 .

Armstrong v. Phillips

82 Okla. 82 · Supreme Court of Oklahoma · Mar 8, 1921

equitable cognizance the findings and judgment of the trial court will not be disturbed unless clearly against the weight of the evidence. … It clearly negatives the idea of any action on the part of the clerk.

Glenn v. State

72 Okla. Crim. 165 · Court of Criminal Appeals of Oklahoma · Jun 4, 1941

who is the nearest qualified justice of the peace. … The state had already established a prima facie case of embezzlement against the defendant before the introduction of the testimony of the witness, Strother.

Opinion No. (1988)

Oklahoma Attorney General Reports · Nov 28, 1988

as used in Article VI, Section 7, and found that it is used in the same sense as in Article V, Section 57 of the Constitution, which requires that every act of the Legislature shall embrace but one subject which shall be clearly … As noted above, 68 O.S. 2357 .7 sets forth the conditions under which a tax credit may be allowed "for investments in qualified venture capital companies whose purpose is to establish or expand the development of business

Young v. Glanz

District Court, N.D. Oklahoma · Sep 30, 2020

Qualified Immunity Sheriff Glanz, who is sued in his individual capacity, asserts that he is entitled to qualified immunity on plaintiff’s § 1983 claim. … Glanz would be entitled to qualified immunity on plaintiff’s § 1983 claim here, as there is no evidence that Glanz possessed a “particularized mental state with respect to” any substantial risk that Ms.

BOATMAN v. BOATMAN

2017 OK 27 · Supreme Court of Oklahoma · Apr 4, 2017

A balancing of the equities considering the means of each party does not qualify Mother for attorney fees because a disparity in the respective incomes of the parties is a factor that may be taken into account. 26 The trial … court's order that each party pay their own fees was not a clearly erroneous conclusion against reason and evidence.

MULLENDORE v. MERCY HOSPITAL ARDMORE

2019 OK 11 · Supreme Court of Oklahoma · Mar 12, 2019

We next consider whether Mullendore met her burden in establishing that her injury fits the definition of "accident" under § 2(9)(a). … Zimmer, Inc. , 2006 OK 98 , ¶ 32, 152 P.3d 861, 874 (declaring 63 O.S.Supp.2003 § 1-1708.1E--which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified

State Ex Rel. Fent v. State Ex Rel. Oklahoma Water Resources Board

74 O.B.A.J. 963 · Supreme Court of Oklahoma · Mar 18, 2003

the individual defendants-on the grounds of Eleventh Amendment immunity. … Although § 373 refers only to a "municipality" in the context of naming the affected public body as a defendant, it was clearly the intent of the Legislature that any governmental body on whose behalf a gui tam action is

Opinion No. (1976) Ag

Oklahoma Attorney General Reports · Nov 16, 1976

chief deputy or assistant shall carry on the duties of the office during the absence of the principal officer or, in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified … The 1976 Legislature struck the words "as the principal officer may propose and establish the need of and the county commissioners will approve" out of 19 O.S. 180 .65 [ 19-180.65 ](a).

Pacificare of Oklahoma v. Oklahoma Health Care Authority Board

72 O.B.A.J. 2162 · Court of Civil Appeals of Oklahoma · Jan 23, 2001

The bid information and requirements are established by EBC. … EBC has the duty to negotiate and contract with qualified health maintenance organizations, such as the HMO plaintiffs here, in order to provide a choice of health insurance programs for employees and educators. 16 The insurance

Whitaker v. Hill Nursing Home, Inc.

210 P.3d 877 · Court of Civil Appeals of Oklahoma · Mar 20, 2009

The Petition includes an attached affidavit providing that a qualified expert has reviewed medical records and other material and provided a written opinion to the effect that "the acts or omissions of the health care provider … Title 63 O.S. § 1-1903 mandates licensure prior to the establishment, operation or maintenance of any nursing facility. .

David v. Crow

District Court, W.D. Oklahoma · Jul 19, 2024

immunity.2 II. … The Eleventh Amendment grants states immunity from suits brought pursuant to § 1983 unless such immunity is specifically waived or overridden by Congress. See Welch v. Tex.

TXO Production Corp. v. Oklahoma Corp. Commission

829 P.2d 964 · Supreme Court of Oklahoma · Apr 13, 1992

Under today’s construction, Oklahoma cannot maintain the status of rightful claimant to the funds in contest here as against those who may qualify under the Texas priority regime. … The Corporation Commission and the Tax Commission are to establish, administer and enforce rules and regulations and shall establish procedures for the full coordinated implementation of this act....” 27 .