Case law

Osborn v. Oklahoma Tax Commission

279 P.2d 1096 · Supreme Court of Oklahoma · Nov 9, 1954

disallowed; that the American Red Cross is a corporation organized and existing under and by virtue of act of Congress of the United States; that at no time has it ever been incorporated under the laws of Oklahoma nor has it qualified … As a national corporation, therefore, it has the privilege and immunities of a domestic corporation of Oklahoma and the bequest to it is exempt from estate transfer taxes.

Logsdon v. Gilliam

District Court, E.D. Oklahoma · Oct 21, 2022

Gilliam argues that he is entitled to qualified immunity because plaintiff has not alleged an underlying constitutional violation of a clearly established right. Id. at 15. … Because plaintiff has alleged the violation of his clearly established right to be free from the use of excessive force in effecting an arrest, defendants are not entitled to qualified immunity.

Clark v. Bryan County School District 1, Silo Public Schools

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

Qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” Turner v. Oklahoma Oklahoma Cnty. Bd. Of Cnty. … Prong Two – Clearly Established Law The Individual Defendants focus solely on the first prong of the qualified immunity analysis, stating in a footnote that they do not concede that Plaintiffs

Salazar v. City of Oklahoma City

70 O.B.A.J. 862 · Supreme Court of Oklahoma · Mar 16, 1999

The United States District Court for the Western District of Oklahoma (Judge Russell) gave summary judgment to both defendants, ruling that (a) the uncontrovert-ed probative support in the record established probable cause … As explained below, the federal-court roll’s absence clearly is fatal to City’s issue-preclusion defense. C.

City of Lawton v. Harkins

34 Okla. 545 · Supreme Court of Oklahoma · Sep 12, 1912

charged with governmental functions in the public interest and for public purposes, and in the exercise of its powers and duties in respect of the enactment and enforcement of police regulations it is entitled to the same immunity … In the case at bar, it is conceded that Lantznester was a regularly appointed, qualified, and acting policeman under and by virtue of the provisions of the statutes of the state, and was not a special officer employed by

White v. State

66 O.B.A.J. 1249 · Court of Criminal Appeals of Oklahoma · Mar 29, 1995

absolute immunity from unrelated prosecutions. 33 Similarly, the Oklahoma Drug Tax Stamp Act’s immunity/anonymity provisions will be construed to extend both use and derivative-use immunity in order to comply with both the … convictions on pleas of guilty are used to enhance punishment, an affirmative showing that the defendant was represented by counsel and advised of his rights, before he entered his guilty pleas, is essential. 51 Staten is clearly

Opinion No. (1986)

Oklahoma Attorney General Reports · Mar 6, 1986

The Oklahoma Human Rights Commission was established by the Oklahoma Legislature in 1963 with the express purpose of working toward "removing frictions, eliminating discrimination, and promoting unity and understanding among … This definitional approach clearly encompasses volunteers acting on behalf of state agencies, so long as they are acting within their "scope of employment," as further defined in 51 O.S. 152 (9) (1985).

Roberson v. Jeffrey M. Waltner, M.D., Inc.

76 O.B.A.J. 762 · Court of Civil Appeals of Oklahoma · Jan 14, 2005

In her affidavit she stated she had obtained a written opinion from a qualified expert that clearly supported a finding the acts or omissions of the health care providers against whom the action was brought constituted professional … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies tire plaintiff and includes the expert’s determination that, based upon a review of the available medical records, facts

Schrom Ex Rel. Schrom v. Oklahoma Industrial Development

536 P.2d 904 · Supreme Court of Oklahoma · May 13, 1975

must clearly permit the state to be sued or the right to do so will not exist. … reference or construction; and the statutes must clearly permit the State to be sued or the right to do so will not exist.

C & L Enterprises Inc. v. Citizen Band Potawatomi Tribe of Oklahoma

73 O.B.A.J. 3612 · Supreme Court of Oklahoma · Dec 17, 2002

Further, the record establishes that the con *4 tractor was required by the arbitrator to establish its claim through the submission of evidence, as mandated by the arbitration rules, and did so. … These preliminary expenses were clearly not compensable under the contract and so do not create a right to attorneys' fees under that contract.

State Ex Rel. Oklahoma Department of Public Safety v. Gurich

238 P.3d 1 · Supreme Court of Oklahoma · Jul 6, 2010

"Statutory immunity for providing protective services (police or fire) is not co-extensive with a blanket immunity from common-law negligence for carrying out law enforcement duties." … T11 Exemptions 4, 5, and 6, when read together with this Court's explanations, define clearly the seope of statutory immunity concerning law enforcement.

Cohlmia v. St. John Medical Center

906 F. Supp. 2d 1188 · District Court, N.D. Oklahoma · Oct 26, 2012

He found that the “evidence established that Dr. … The court granted defendants' motion for summary judgment on the basis of HCQIA immunity and state law immunity, and additionally found plaintiff had failed to establish the substantive elements of his claims.

MOORE v. WARR ACRES NURSING CENTER, LLC.

376 P.3d 894 · Supreme Court of Oklahoma · Mar 8, 2016

side effects of the immunization; (ii) Each resident is offered an influenza immunization October 1 through March 31 annually, unless the immunization is medically contraindicated or the resident has already been immunized … immunization or did not receive the influenza immunization due to medical contraindications or refusal.... .

In Re Barrett Refining Corp.

221 B.R. 795 · United States Bankruptcy Court, W.D. Oklahoma · Jun 5, 1998

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Unites States.” … Supreme Court that the previous statute had not sufficiently and clearly stated Congress' intent to abrogate state sovereign immunity. See United States v.

Kimbrough v. Board of Trustees for the Oklahoma County Criminal Justice Authority

District Court, W.D. Oklahoma · Aug 2, 2024

Qualified Immunity Defendants Jones, Hooker, and Khan assert that they are immune from suit because they are entitled to qualified immunity. … 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

Hall v. Bivens

District Court, N.D. Oklahoma · Apr 25, 2025

Qualified immunity “is an immunity from suit rather than a mere defense to liability,” and “it is effectively lost if a case is erroneously permitted to go to trial.” … was clearly established at the time of defendant’s alleged misconduct.”

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Mar 26, 2024

Qualified Immunity The affirmative defense of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments about open legal … Clearly Established Prong It is clearly established that law enforcement officers have a duty to intervene to prevent other officer’s use of excessive force.

Garst v. University of Oklahoma

73 O.B.A.J. 174 · Court of Civil Appeals of Oklahoma · Oct 19, 2001

Garst asserts (1) that the University clearly promised her disability insurance and retirement benefits, (2) that it was foreseeable she would rely on the University's erroneous representation regarding her disability policy … CONCLUSION {14 On de novo review, we find that no relief is possible under any set of facts that could be established consistent with the allegations of Garst's petition.

Daugherty v. United States

212 F. Supp. 2d 1279 · District Court, N.D. Oklahoma · Jul 15, 2002

This distinction is clearly established by the Supreme Court in Stanley . … Plaintiff has not identified such a clearly articulated decision as a discharge or the denial of promotion.

Fanning v. School Board of Independent School District 23

395 F. Supp. 18 · District Court, W.D. Oklahoma · May 8, 1975

Where suit is directed against individual Board members, as is not the case here, the common-law tradition and public policy of a qualified good-faith immunity may be raised if there has been compliance with the standards … of conduct established by statutes and case law.