Case law

Ibarra v. Lee

District Court, N.D. Oklahoma · May 14, 2024

On appeal, the Tenth Circuit reversed and directed the Court to reevaluate the second prong of qualified immunity to determine whether Jorge Mar- tinez’s constitutional rights were clearly established at the time of the … To avoid summary judgment on qualified immunity grounds, the plaintiff must show that (1) a reasonable jury could find facts supporting a violation of a constitutional right and (2) the right was clearly established at

Steelman v. Oklahoma Police Pension & Retirement System

128 P.3d 1090 · Court of Civil Appeals of Oklahoma · Dec 5, 2005

Likewise, Trustees are immune from individual liability under § 1988. McFall v. … Bednar, 407 F.3d 1081 (10th Cir.2005): "The doctrine of qualified immunity, therefore, shields government officials performing discretionary functions from liability for civil damages arising from 42 U.S.C. § 1983 claims

Theron v. Board of County Commissioners

District Court, W.D. Oklahoma · Sep 26, 2024

“Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established at the time of defendant’s alleged misconduct.”

Smith v. Hines

261 P.3d 1129 · Supreme Court of Oklahoma · Jun 7, 2011

expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the expert's determination that, based upon a review of the available medical records, facts … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert that, based upon a review of the available material including

Laca v. United States

District Court, N.D. Oklahoma · Jul 18, 2024

Discovery & Qualified Immunity “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 person would have known.’”

Newman v. STATE EX REL. BOARD OF REGENTS, ETC.

490 P.2d 1079 · Supreme Court of Oklahoma · Jun 29, 1971

In the final analysis, it appears that the doctrine of sovereign immunity, at least for the more-or-less routine functions of the quasi-corporate subdivisions of the State, is so clearly against the modern trend and spirit … the Legislature has adopted an established judicial interpretation by repeated re-enactment of a statute. * * * Nor are we faced with a comprehensive legislative enactment designed to cover a field.

Goff

District Court, N.D. Oklahoma · Jul 20, 2026

Qualified immunity shields public officials from facing the burdens of litigation and is an immunity from suit, not simply a defense to a plaintiff’s claims. Serna v. … The Tenth Circuit applies a two-step analysis to determine if a defendant is entitled to qualified immunity.

Evans v. Bryant

District Court, E.D. Oklahoma · Sep 30, 2025

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … 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

McWilliams v. Dinapoli

District Court, E.D. Oklahoma · Aug 20, 2021

Clearly Established Law. … Under the qualified immunity analysis, the Plaintiff must also establish that Defendant DiNapoli’s actions violated a clearly established constitutional right – here, the right to be free from excessive force

Shephard v. Compsource Oklahoma

209 P.3d 288 · Supreme Court of Oklahoma · Apr 28, 2009

CompSource's ratification of this decision establishes prima facie that Supervisor acted within the scope of his employment and that he is entitled to immunity from personal liability as provided in the Governmental Tort … The Oklahoma Merit Protection Commission shall promulgate rules to establish procedures for the conduct of investigations.

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 … to qualified immunity unless existing precedent squarely governs the specific facts at issue.”

Davidson v. Cantrell

65 O.B.A.J. 2101 · Court of Civil Appeals of Oklahoma · Dec 14, 1993

The exemption has been construed to render public lands immune from tax resale, and no legislative enactment can abridge or qualify that exemption. … Unless the constitutional provision which grants the exemptions is self-executing, the Legislature may qualify, curtail or annul any exemption.

Cheyenne-Arapaho Gaming Commission v. National Indian Gaming Commission

214 F. Supp. 2d 1155 · District Court, N.D. Oklahoma · Jul 11, 2002

It is well established and “elementary that ‘[t]he United States, as sovereign, is *1164 immune from suit save as it consents to be sued ..., and the terms of its consent to be sued in any court define that court’s jurisdiction … To establish standing under Article 111 of the Constitution, plaintiffs must meet three requirements.

McGee v. Walters

District Court, W.D. Oklahoma · Aug 12, 2024

“Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established at the time of defendant’s alleged misconduct.”

Griffin v. Griffin

832 P.2d 810 · Supreme Court of Oklahoma · May 18, 1992

Appellants argue that since the language of the trust agreement is unambiguous and clearly manifests the grantor’s intent, the trial court erred by considering uncorroborated parol evidence and hearsay testimony to show that … for the marital deduction is a question to be decided under Federal tax law. 3 Nevertheless, in our interpretation of trust agreements, which is clearly a question of state law, we think it appropriate to consider the tax

Shelton v. School Board, Dist. No. 22

43 Okla. 239 · Supreme Court of Oklahoma · Aug 18, 1914

Section 21 of said act provides: “On the question of issuance of said bonds no person shall be qualified to vote unless he be in all respects a qualified elector in such district. * * *” Section 27 of said act provides: “ … Impossibility is the test.’ ” And again in the same opinion: “When fraud on the part of the officers of the election is established, the poll will not be rejected, unless it prove impossible to purge it of the fraud.”

Temple v. State

15 Okla. Crim. 146 · Court of Criminal Appeals of Oklahoma · Nov 2, 1918

Perhaps these facts could have been proven just as effectively without the production of the original deed', but it was incumbent upon the state and its officials to produce its evidence according to the well-established … same automatically operated to grant to this defendant an *149 immunity from prosecution under the provisions of section 27, art. 2, Constitution.

Board of Regents of the University of Oklahoma v. Baker

638 P.2d 464 · Supreme Court of Oklahoma · Dec 22, 1981

Likewise, the constitution establishes the independence of the University and curtails legislative power over University affairs. … The determination of faculty salaries is clearly an integral part of the power to govern the University and a function essential in preserving the independence of the Board.

Topkov

District Court, W.D. Oklahoma · Dec 15, 2025

Topkov can satisfy the clearly established law prong of the qualified immunity analysis. B. … Accordingly, the Court finds that Wheeler and Grubb are entitled to qualified immunity under the clearly established law prong of the analysis as to Mr.

Zane v. Kramer

195 F. Supp. 3d 1243 · District Court, W.D. Oklahoma · Jul 19, 2016

Analysis With respect to plaintiffs’ § 1983 claims, defendants rely on the defense of qualified immunity. … This decision finds support in the policies underlying the qualified immunity doctrine. Gomes v. Wood, 451 F.3d 1122, 1137-38 (10th Cir.2006).