Case law

Birchfield v. Mulkey

District Court, N.D. Oklahoma · Jun 24, 2025

Additionally, plaintiff responds that Tipton is not entitled to qualified immunity because plaintiff sufficiently pleaded that Tipton violated his clearly established Fourth Amendment rights. Id. … Thus, general statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.

Roberts v. South Oklahoma City Hospital Trust

742 P.2d 1077 · Supreme Court of Oklahoma · Jul 22, 1986

We merely find that this is not a public trust which may qualify for statutory immunity. … Title 11 O.S.1981 § 30-101 provides: “A municipal governing body may establish and maintain a municipal hospital.

First Bank & Trust v. Maynahonah

313 P.3d 1044 · Court of Civil Appeals of Oklahoma · Oct 14, 2013

It observed that no resolutions of the Board established generally applicable tribal ageney principles. … Those cases clearly do not stand for the proposition that no action "by any tribal entity" 29 is needed to confer authority upon another to waive the Tribe's immunity.

Gray v. Mills

District Court, W.D. Oklahoma · Feb 28, 2025

Plaintiffs disagree, but because they did not plead facts to show that Mays violated clearly established law, they have not overcome Mays’s qualified immunity as to their individual-capacity Section 1983 claims. … Qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

GJA v. Oklahoma Department of Human Services

347 P.3d 310 · Court of Civil Appeals of Oklahoma · Mar 3, 2015

To do so would not only fail to conform to established precedent which refused to construe the OGT-CA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of this State … T 37 According to the petition, the children were not in the custody of DHS so as to implicate their clearly established constitutional right to be reasonably safe from harm when placed in the state's custody. 15 The employees

Banks v. Gonzales

415 F. Supp. 2d 1248 · District Court, N.D. Oklahoma · Feb 14, 2006

The 2004 Amendments eliminate the previous two lists of qualifying federal offenses and provide as follows: (d) Qualifying Federal offenses The offenses that shall be treated for purposes of this section as qualifying Federal … See, e.g., Kincade, 379 F.3d at 837 (reasoning that “the DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity” and that “ ‘once a person is convicted of [a qualifying

Sixkiller v. Summers

680 P.2d 360 · Supreme Court of Oklahoma · Apr 17, 1984

Sharon Sixkiller and Billy Summers had previously been married and divorced; at the time the accident occurred David was visiting his natural father pursuant to visitation rights established in his parents’ divorce decree … The parent is clearly in the best position to know the limitations and capabilities of his or her own children. These intangibles cannot be adequately conveyed within the formal atmosphere of a courtroom.

McNEELY v. STATE

2018 OK CR 18 · Court of Criminal Appeals of Oklahoma · May 24, 2018

Petitioner may be able to establish a factual basis for a Stand Your Ground defense; but she cannot establish a clear legal right to the relief of Stand Your Ground immunity from prosecution. Id . … established law."

Miller v. Weber

District Court, W.D. Oklahoma · Nov 21, 2024

Plaintiff may show the law to be “clearly established” by citing an on-point Supreme Court or Tenth Circuit decision, or by showing “the clearly established weight of authority from other courts . . . have found the law … Luna, 577 U.S. 7, 12 (2015) (“The dispositive question is whether the violative nature of particular conduct is clearly established.

Bointy v. State of Oklahoma

District Court, W.D. Oklahoma · Jun 23, 2025

immunity analysis, where [the court] ask[s] whether a clearly established constitutional right has been violated.” … Walters’ additional argument under the second prong of the qualified immunity analysis — whether the scope of supervisory liability, in the context of the facts and circumstances of this case, was clearly established at

Jarvis v. City of Stillwater

669 P.2d 1108 · Supreme Court of Oklahoma · Sep 20, 1983

While the Act does limit the amount of allowable recovery and imposes the requirement of a pre-suit notice, it fails clearly to create any special defenses to a worker’s third party action against a municipality. … The terms of § 155(14) do not appear explicitly to fashion greater immunity from tort action than that which is established by the compensation law.

Murray v. Darwent

District Court, W.D. Oklahoma · Dec 15, 2023

may grant a motion to dismiss based on qualified immunity, but [a]sserting a qualified immunity defense via a Rule 12(b)(6) motion … subjects the defendant to a more challenging standard of review than would apply on summary … A right is clearly established when a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight of authority from other courts shows that the right must be

Vanlandingham v. Oklahoma City City of

District Court, W.D. Oklahoma · Oct 28, 2022

Firefighters’ defense of qualified immunity because the Fourth Amendment right asserted was not clearly established in September 2019. … See id. at 423 (defendants enjoyed qualified immunity unless their aggregated use of force was unconstitutional and violated clearly established law).

Ponca Tribe of Oklahoma v. State of Okl.

834 F. Supp. 1341 · District Court, W.D. Oklahoma · Sep 8, 1992

States may, however, waive their Eleventh Amendment immunity and consent to suit in federal court, and, in certain cases, Congress may abrogate the States’ sovereign immunity. Port Authority Trans-Hudson Corp. v. … A court order to negotiate in good faith and conclude a tribal-state compact with the plaintiff clearly would infringe on executive discretion and fall outside the parameters of Ex parte Young.

Barker v. Weatherford Police Department

District Court, W.D. Oklahoma · Apr 18, 2025

To overcome the assertion of qualified immunity, the plaintiff “must establish (1) that the defendant violated a constitutional or statutory right, and (2) that this right was clearly established at the time of the defendant's … Plaintiff contends that qualified immunity does not apply because it is clearly established that the use of force against “effectively subdued” individuals violates the Fourth Amendment.

Dominguez v. Crow

District Court, E.D. Oklahoma · Sep 27, 2021

A right is clearly established “when a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight of authority from other courts shows that the right must be as the plaintiff maintains.” … Addressing first the clearly-established prong, the court declines to dismiss on that basis.

Perry v. State

84 Okla. Crim. 211 · Court of Criminal Appeals of Oklahoma · May 14, 1947

Clifford, immunity is granted under Artcile 2, Section 27, of the Oklahoma Constitution. … If there had been no right of silence, there would be no necessity for granting immunity.

Silsby v. Roberts

District Court, E.D. Oklahoma · Jun 16, 2023

and that they are also entitled to qualified immunity. … was clearly established.”)

Vanlandingham

District Court, W.D. Oklahoma · Mar 18, 2026

The Tenth Circuit found the officers were entitled to qualified immunity, holding that the cases relied upon by the plaintiff did not amount to clearly established law. Id. at 876-80. … Officer Lee next argues that he is entitled to qualified immunity because his restraint of Mr. Vanlandingham did not violate clearly established law. The Court previously denied Officer Lee qualified immunity.

Habyarimana v. Kagame

821 F. Supp. 2d 1244 · District Court, W.D. Oklahoma · Oct 28, 2011

Clearly the plaintiffs have not shown that they met the requirements of Federal Rule 4(e)(2) or 4(e)(4) because they failed to establish that they delivered a copy of the complaint to President Kagame or to his “authorized … McFaddon established a pattern of extreme deference to the Executive Branch, and for most of the ensuing 165 years the Executive Branch determined whether a foreign nation was entitled to immunity. Zemin at 624 .