Case law

Gay Activists Alliance v. Board of Regents of the University of Oklahoma

638 P.2d 1116 · Supreme Court of Oklahoma · Dec 22, 1981

The Court added that “[a] compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights … The Regents did not act with such disregard for the established law as to deny them qualified immunity. There had been no relevant pronouncements by this Court or by the Tenth Circuit interpreting Oklahoma law.

Opinion No. (1998)

Oklahoma Attorney General Reports · Mar 17, 1998

Qualified immunity sometimes is erroneously referred to as "good faith immunity." Before Harlow v. … Id. at 818-19 . ¶ 13 In its place, stands qualified immunity, which is a two-pronged, objective test: Does the plaintiff assert violation of a federal constitutional or statutory right and was that right clearly established

Kerns v. Independent School District No. 31

984 F. Supp. 2d 1144 · District Court, N.D. Oklahoma · Oct 31, 2013

Qualified Immunity Defendants have raised the defense of qualified immunity with respect to claims against Alexander in his individual capacity. … Qualified immunity can shield Alexander from liability for civil damages if his conduct “d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Davenport v. Tunnell

698 F. Supp. 1542 · District Court, W.D. Oklahoma · Oct 28, 1988

In Coen , our circuit stated: Qualified immunity is an affirmative defense that protects government officials from persona] liability unless their actions violate clearly established law of which a reasonable person would … Moreover, if the law in this area is not yet “clearly established”, defendants still prevail because plaintiffs failed to clear the first hurdle in the qualified immunity analysis.

ODOM v. PENSKE TRUCK LEASING CO.

415 P.3d 521 · Supreme Court of Oklahoma · Mar 13, 2018

did not clearly and explicitly provide. … Subsection 5(A) imposes no other burden or condition on Penske Truck Leasing to establish and to enforce its immunity. This is the answer I would give to 10th Circuit's certified question.

Duckett v. Oklahoma ex rel. Board of Regents of University of Oklahoma

986 F. Supp. 2d 1249 · District Court, W.D. Oklahoma · Nov 14, 2013

Qualified Immunity The defense of qualified immunity protects a public employee from personal liability under § 1983 unless he violated a constitutional right that was clearly established at the time of his conduct in the … Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). “ ‘In order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight

Moore v. City of Tulsa

55 F. Supp. 3d 1337 · District Court, N.D. Oklahoma · Oct 22, 2014

“In order for the law to be clearly established, there must be 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 be as the plaintiff … As plaintiff has pled sufficient facts to preclude granting qualified immunity, defendants’ motion for judgment on the pleadings is denied as to Fire Chief Driskell’s qualified immunity from suit. VIII.

Opala v. Watt

393 F. Supp. 2d 1154 · District Court, W.D. Oklahoma · May 20, 2005

and qualified immunity. … The Court will next address whether Defendants are immune from suit due to absolute or qualified immunity.

WAGONER COUNTY RURAL WATER DISTRICT NO. 2 v. Grand River Dam Authority

625 F. Supp. 2d 1162 · District Court, N.D. Oklahoma · Feb 25, 2008

State agencies that qualify as arms of the State, generally, possess sovereign immunity. 2 See Lapides v. Bd. of Regents of the Univ. … Plaintiffs aver, therefore, that this Court’s analysis of Eleventh Amendment immunity must begin with resolving “whether [GRDA] has established sovereign immunity regarding [the] particular claimfs] at issue.” Id.

Torres v. White

685 F. Supp. 2d 1283 · District Court, N.D. Oklahoma · Jan 27, 2010

Qualified immunity shields officers from suit for official acts, as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established

Bond v. Oklahoma County Criminal Justice Authority

District Court, W.D. Oklahoma · Jul 11, 2023

Qualified Immunity Officer Wood asserts she is entitled to qualified immunity as to Plaintiff’s failure- to-protect claim. … 2) the right was clearly established at the time of the violation.”

Board of County Commissioners v. Association of County Commissioners of Oklahoma Self-Insurance Group

339 P.3d 866 · Supreme Court of Oklahoma · Oct 21, 2014

Although it clearly insures, ACCO-SIG is not subject to the general rules of liability imposed on all insurers. III. IS ACCO-SIG PROTECTED BY THE GOVERNMENTAL TORT CLAIMS ACT? … principle behind the concept of sovereign immunity, which is "the inherent right of the sovereign to be immune from private suit."

Soderstrand v. OKLAHOMA, EX REL. BD. OF REGENTS

463 F. Supp. 2d 1308 · District Court, W.D. Oklahoma · Nov 22, 2006

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … right was clearly established when the alleged violation occurred.

Briggs v. Oklahoma Ex Rel. Oklahoma Department of Human Services

472 F. Supp. 2d 1294 · District Court, W.D. Oklahoma · Jan 31, 2007

in light of clearly established law.” … Thus, Bonner is not entitled to qualified immunity on this claim.

Wright v. Grove Sun Newspaper Co., Inc.

873 P.2d 983 · Supreme Court of Oklahoma · Apr 12, 1994

bar” of restraint. 31 The facts before us clearly establish that the district attorney called a news conference open to the public, whose subject was the conduct of a drug investigation by his office — a matter of general … For further discussion of the distinctions between absolute and qualified privilege/immunity, see Forrester v.

CHIMENTO v. GALLAGHER BENEFIT SERVICES

2023 OK 22 · Supreme Court of Oklahoma · Mar 21, 2023

Section 363(B) provides qualified immunity from civil actions for individuals who furnish information to the OID regarding fraudulent insurance activity. … Additionally, Kirschstein did not involve an applicable statute, like § 363, establishing qualified immunity for statements made to the relevant administrative agency, nor were we bound in that case by a prior decision from

Smith v. Cochran

216 F. Supp. 2d 1286 · District Court, N.D. Oklahoma · May 9, 2001

Qualified Immunity The doctrine of qualified immunity shields public officials performing discretionary functions from § 1983 liability for civil damages if their actions do not violate “clearly established statutory or constitutional … Thus, Cochran is not entitled to summary judgment on his qualified immunity defense because Smith has alleged facts sufficient to show that Cochran violated clearly established federal law such that a reasonable government

Paden v. Board of County Commissioners

846 F. Supp. 2d 1217 · District Court, W.D. Oklahoma · Feb 9, 2012

Qualified Immunity Keeling asserts that he is entitled to qualified immunity as to plaintiffs § 1983 claims. … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

McGaha v. Board of Regents of the University of Oklahoma

691 P.2d 895 · Supreme Court of Oklahoma · Nov 20, 1984

immunity. … unless the intention to do so is clearly *898 expressed. 6 Clearly, sovereign immunity continues to shield the Board of Regents.

Bassett v. Bassett

521 P.2d 434 · Court of Civil Appeals of Oklahoma · Mar 26, 1974

Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971), wherein the high court held an Idaho statute unconstitutional which provided that as between persons *436 equally qualified to administer estates, males should be … The objective of § 15-312 clearly is to establish degrees of entitlement of various classes of persons in accordance with their varying degrees and kinds of relationship to the intestate.