Case law

Silsby v. Roberts

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

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

Scott v. Hirsch

District Court, N.D. Oklahoma · Jun 19, 2019

Individual defendants named in a § 1983 action may raise a defense of qualified immunity, which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law. … Without identifying a case, or collection of cases, with sufficiently similar facts or that establish the case at hand as an obvious one, Plaintiff cannot satisfy the clearly established prong of the qualified immunity

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.

RITTER v. STATE

520 P.3d 370 · Supreme Court of Oklahoma · Sep 20, 2022

State , 1987 OK 14 746 P.2d 1135 70 O.S. 1981 §18-101 Fair , supra at ¶45. ¶18 Public health codes "in a clear and compelling fashion" articulate a well-defined, firmly established, state public policy. ¶19 At the heart of … Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes

Kearns v. State

14 Okla. Crim. 142 · Court of Criminal Appeals of Oklahoma · Nov 9, 1917

The proof clearly establishes the fact to our mind that the deceased was struck over the head with a slung-shot and rendered insensible, but not killed outright; that immediately thereafter he was struck upon the head with … The statement made to Ex-Governor Ferguson was not made, however, under *147 the promise of immunity, leniency, or any other inducement whatever.

Vanlandingham v. Oklahoma City City of

District Court, W.D. Oklahoma · May 19, 2023

Because Firefighters are entitled to qualified immunity on Plaintiff’s Fourth Amendment claims “based on the absence of clearly established law, it necessarily follows that they are also entitled to qualified immunity on … As before, the Court finds that Firefighters are entitled to qualified immunity from this claim because Plaintiff has not shown their alleged failure to intervene violated clearly established law.

Phelps v. Childers

184 Okla. 421 · Supreme Court of Oklahoma · Feb 11, 1939

McGhee, 148 Okla. 219 , 298 P. 580 , this distinction was clearly set forth. … Furthermore, there are no "exclusive" rights, privileges, or immunities involved in the doing of the work.

Endicott v. Choctaw County City of Hugo Hospital Authority

District Court, E.D. Oklahoma · Mar 28, 2024

Actually it was, by dint of defendant raising the defense of qualified immunity. … “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.” Halley v.

Brock v. Thompson

68 O.B.A.J. 3316 · Supreme Court of Oklahoma · Oct 14, 1997

The discussion of public issues is integral to the operation of the system of government established by our Constitution. … The railroads filed a counterclaim, charging that the truckers sought to establish a monopoly through similar political activities.

Gilmore v. Salazar

748 F. Supp. 2d 1299 · District Court, N.D. Oklahoma · Sep 21, 2010

is irrelevant to the issue of sovereign immunity. … ’s inaction shall be appealable to the next official in the process established in this part. 25 C.F.R. § 2.8 .

Goss v. Oklahoma Blood Institute

856 P.2d 998 · Court of Civil Appeals of Oklahoma · May 23, 1990

[While] the Louisiana Constitution prohibits the granting of special immunity for “any corporation, association or individual,” ... as long as a privilege or immunity “operates equally and fairly to those who engage in like … Because the Oklahoma blood shield statute treats all within the “transaction” of supplying blood and/or blood products equally and without discrimination, and affords all within the “transaction” a qualified immunity, i.e

Cohen v. Winkleman

428 F. Supp. 2d 1184 · District Court, W.D. Oklahoma · Apr 17, 2006

Similarly, waiver by the tribe will be found to exist only where the waiver is clearly and unequivocally expressed. E.F.W. v. St. Stephen’s Indian High School, 264 F.3d 1297 (10th Cir.2001). … Cases which have rejected application of the Dry Creek Lodge rule on this basis have generally involved matters which clearly implicated internal tribal affairs.

Avant v. Doke

District Court, E.D. Oklahoma · Jul 26, 2023

“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.” Halley v. … Again, in the case at bar the record does not reflect an investigation, and under clearly established law the discharge was therefore unreasonable and not a basis for qualified immunity.

Griffith v. State

734 P.2d 1301 · Court of Criminal Appeals of Oklahoma · Mar 11, 1987

Therefore, the appellant failed to establish, by a preponderance of the evidence, that the affidavit was not supported with sufficient facts to establish probable cause. … In this procedure, the trial court has the authority to grant immunity on a question-by-question basis.

Hoover v. Kiowa Tribe of Oklahoma

70 O.B.A.J. 2088 · Supreme Court of Oklahoma · Jun 29, 1999

to a limited waiver of its immunity from suit. [29] The remedies clause clearly expresses the Tribe's consent to suit as provided in the UCC. … NOTES [1] The dissenting opinion's argument that the Tribe waived its immunity from suit in this transaction is clearly in error.

Kopaddy v. Pottawatomie County Public Safety Center

District Court, W.D. Oklahoma · Mar 29, 2024

Applicable Standards Regarding Qualified Immunity “Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Given’s right to be free from an otherwise lawful arrest was clearly established at the time of his arrest, Defendant Duggan and Defendant Williams are entitled to qualified immunity as to any claims asserting a

Cunningham v. Charles Pfizer & Co., Inc.

532 P.2d 1377 · Supreme Court of Oklahoma · Mar 26, 1975

However, defendant made no effort to furnish this information to participants in the mass- immunization program. … “This duty does not impose an unreasonable burden on the manufacturer. * * * means of communication such as advertisements, posters, releases to be read and signed by recipients of the vaccine, or oral warnings were clearly

Curtis v. Board of Education of Sayre Public Schools

66 O.B.A.J. 3478 · Supreme Court of Oklahoma · Oct 31, 1995

State, 672 P.2d 1153 (Okla.1983), this Court abrogated the judicially established doctrine of sovereign immunity, but left unaffected the power of the legislature to regulate governmental tort liability. … Clearly, softball is a competitive sport where participant/team members strive to defeat an opposing team.

STATE EX REL. OKLAHOMA BAR ASS'N v. Wilcox

227 P.3d 642 · Supreme Court of Oklahoma · Nov 3, 2009

The Gregory court concluded that the judge was entitled only to a defense of qualified immunity and that the judge was required to show that he was acting in good faith. … Justice Opala, with whom Justice Kauger joined, wrote: Even though using summary process for according the defendant-judge immunity from suit may at first blush appear error-free, it was clearly impermissible as contrary

In Re Proc. of Multicounty Grand Jury

64 O.B.A.J. 517 · Court of Criminal Appeals of Oklahoma · Feb 12, 1993

It has been clearly established that it is constitutionally permissible to close grand jury proceedings and there is no First Amendment right of access to grand jury proceedings when the public is also excluded. … Dye, 571 P.2d 1200 (Okla.1977), is cited by one of the parties to establish what is meant by “open court” in a grand jury context.