Case law

GJA v. OKLAHOMA DEPT. 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 OGTCA as providing blanket immunity, but would also render the Constitutional protections afforded the citizens of this State … Inman , 1971 OK 32, ¶ 30, 482 P.2d 927, 937. ¶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

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.

Rhoades

District Court, N.D. Oklahoma · May 1, 2026

Qualified Immunity Standards “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Turning to the clearly established prong of the qualified immunity analysis, the circuit recognized that “it was clearly established as of July 26, 2009, that exigent circumstances must involve an urgent law enforcement

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

Blankenship v. Stitt

District Court, W.D. Oklahoma · Feb 22, 2024

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 of … Plaintiffs have failed to establish a violation of any clearly established constitutional right.

VANDAGRIFF v. White

640 F. Supp. 2d 1371 · District Court, N.D. Oklahoma · May 7, 2009

The Notice clearly states that it is filed by the “Department of Treasury — Internal Revenue Service” and that its purpose is to place others on notice of the lien interests claimed by the United States. … in the establishment of a lien.”

State Ex Rel. May v. Seneca-Cayuga Tribe of Oklahoma

711 P.2d 77 · Supreme Court of Oklahoma · Jan 13, 1986

Pate established similar trust status in favor of the Quapaw Tribe. The land in question is located in the Quapaw Industrial Park, Ottawa County, Oklahoma. … Supp.1983 § 995.1(a) also require that a bingo license "... shall not be leased or assigned to a commercial establishment.” 5 .

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.

Waldrop v. Hennessey Utilities Authority

348 P.3d 213 · Court of Civil Appeals of Oklahoma · Oct 2, 2014

been abandoned in Oklahoma, and "governmental immunity must now be established statutorily." … establish abandonment of the street."

Creek Nation Indian Housing v. United States

677 F. Supp. 1120 · District Court, E.D. Oklahoma · Jan 4, 1988

However, the evidence submitted by the plaintiffs clearly shows that the detonation of the bombs was caused by the heat of the fire, rather than by any jarring of the bombs from the impact of the accident. … See In Re Air Crash Dis. at M.G. on Sept. 11, 1982, 769 F.2d 115, 121-23 (3rd Cir.1985) (“government establishment or approval of the specifications in question is a significant element” in establishing immunity).

Bowes v. State

7 Okla. Crim. 316 · Court of Criminal Appeals of Oklahoma · May 9, 1912

Darnell, a notary public, he being then and there a duly appointed, qualified,- and acting deputy county attorney of Custer county, and being also the law partner of P. A. Snodgress, the county attorney. … AVe are clearly of the opinion that the testimony of this witness is insufficient to sustain a conviction. In the case of Shive v. State, infra, this witness testified to almost the same state of facts.

Myers v. State

71 O.B.A.J. 3246 · Court of Criminal Appeals of Oklahoma · Dec 8, 2000

Obviously, this was the result, even though Sharp did not believe that Appellant committed the murder at the time of the promise of immunity. {57 Clearly, the confession would not have been admissible in a criminal trial … The evidence at trial clearly established that Byrd got out of the county jail after he agreed to testify, but only to be sent to California to face a probation violation allegation, which was why he was originally in jail

PIERSON v. JOPLIN

2016 OK 40 · Supreme Court of Oklahoma · Apr 12, 2016

The Court has defined a purely judicial act, which would qualify for immunity, as "one done by a member of the judicial department in construing the law or applying it to a particular state of facts." N. … In the present case, the Appellants have not shown intent to deceive on the part of the Appellees in order to establish actual fraud.

Williams v. Gray

District Court, W.D. Oklahoma · Oct 18, 2022

Failing these arguments, Defendant Fowler claims he is entitled to qualified immunity. … “[T]o show that a right is clearly established, the plaintiff must point to ‘a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Rodriguez v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Mar 3, 2022

If the plaintiff fails to establish either prong of the two-pronged qualified- immunity standard, the defendant prevails on the defense. A.M. v. … In the context of qualified immunity, the issue is whether the violative nature of particular conduct is clearly established in light of the specific context of the case. See Mullenix v. Luna, 577 U.S. 7, 11 (2015).

ANAGNOST v. TOMECEK

390 P.3d 707 · Supreme Court of Oklahoma · Jan 24, 2017

Generally, a statute or its amendments will have only prospective effect unless it clearly provides otherwise. Id. … Rev, 367, 367, n. 54 (procedural protections of laws such as OCPA operate much like absolute or qualified immunity). 23 . See, e.g., Cole v. Silverado Foods, 2003 OK 81 , 78 P.3d 542 ; Walls v.

Williams v. Hasenmyer

District Court, E.D. Oklahoma · Jul 24, 2025

Analysis Defendant moves for summary judgment, asserting that she is entitled to qualified immunity as Plaintiff fails to establish a constitutional violation of clearly established law … “‘The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

SANDERS v. TURN KEY HEALTH CLINICS

566 P.3d 591 · Supreme Court of Oklahoma · Mar 11, 2025

Turn Key argues it is immune from liability based upon 51 O.S.Supp.2014, §152 ¶36 In Sullins v. … As used in the Professional Entity Act, unless the context clearly indicates that a different meaning is intended: 1.

Manning

District Court, E.D. Oklahoma · Mar 19, 2026

right was clearly established at the time of the defendant’s unlawful conduct.” … The Tenth Circuit found that “merely recit[ing] the qualified immunity legal standard” and stating “in a single sentence, without citation to any legal authority” that “no clearly established law demonstrates [the alleged

McCarty v. State

69 O.B.A.J. 3886 · Court of Criminal Appeals of Oklahoma · Nov 6, 1998

This fact *1135 clearly distinguishes the holdings in Barnett and Hawkins. … In Scribner, 132 P. at 941 , we discussed the importance of truthfulness: "Now, if this Court establishes the doctrine that a witness cannot gain immunity unless he testifies to the truth, and nothing but the truth, and makes