Case law

Hice

District Court, W.D. Oklahoma · Mar 31, 2026

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would … The right was clearly established.

Vogt v. Board of County Commissioners of McIntosh County, Oklahoma

District Court, E.D. Oklahoma · Dec 9, 2022

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional … For purposes of qualified immunity, the law is clearly established if Supreme Court or Tenth Circuit precedent, or the weight of authority from other circuits, has found the law to be as the plaintiff maintains.

Souther v. State

12 Okla. Crim. 195 · Court of Criminal Appeals of Oklahoma · Dec 18, 1915

The defendant Jess Nichols- was granted immunity and he testified as a witness for the state. Upon the trial the jury returned a verdict of guilty as charged, but failed to assess the punishment. … Parks, county judge for five years, and several other witnesses qualified as character witnesses and testified that the reputation of the defendant Tom Souther as a truthful law abiding citizen had always been good.

CONNER v. STATE

2025 OK 12 · Supreme Court of Oklahoma · Feb 25, 2025

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … Thus, because these "constitutional" torts are now clearly "torts" governed by the GTCA, the GTCA's specific prohibition against tort suits arising out of the "operation or maintenance of any prison, jail or correctional

Buckner v. Sallisaw, City of

District Court, E.D. Oklahoma · Apr 29, 2024

Claim to Qualified Immunity by Murray Murray first asserts that he is entitled to qualified immunity on the § 1983 claims for false arrest and excessive force. … Once a defendant raises a qualified immunity defense, a plaintiff bears a heavy burden to establish that a defendant has violated clearly established law. Hannula v.

Ferguson v. State

675 P.2d 1023 · Court of Criminal Appeals of Oklahoma · Mar 19, 1984

County jail did not clearly qualify as person is well known and has established a reputation. 98 C.J.S. … It is our opinion that such a small constantly changing population is not clearly a community in which one inmate could become well-known and establish a reputation.

Lounds v. State Ex Rel. Department of Veterans Affairs

255 P.3d 460 · Court of Civil Appeals of Oklahoma · Mar 25, 2011

Y22 Moreover, Kermanshahi was clearly qualified to give his opinion. Under 12 0.8. … Whether or not he was familiar with federal regulations concerning veterans' nursing homes, he was clearly qualified to testify as to the appropriate methods of diagnosing, monitoring, treating, and providing daily care to

Bointy v. State of Oklahoma

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

Individual defendants named in a § 1983 action may raise a defense of qualified immunity, which shields public officials from damages action unless their conduct was unreasonable in light of clearly established law.” … The question remaining is whether Bointy has satisfied the second prong of the qualified immunity test—whether the violated right was clearly established at the time of the defendant’s complained-of conduct.

Native American Distributing v. Seneca-Cayuga Tobacco, Co.

491 F. Supp. 2d 1056 · District Court, N.D. Oklahoma · Jun 5, 2007

However, it is not this Court’s role to revisit established legal principles or to ignore the requirement of an express waiver of immunity based on perceived inequities. See Am. Indian Agric. Credit Consortium, Inc. v. … But it is too late in the day, and certainly beyond the competence of this court, to take issue with a doctrine so well-established.”).

Karlson v. City of Oklahoma City

711 P.2d 72 · Supreme Court of Oklahoma · May 28, 1985

from suit beyond the maximum amount established by the statute. … from suit and immunity from legal responsibility (liability), see comments in Prosser, The Law of Torts, § 116 [1964], quoted in Hooper v.

Tate v. City of Bartlesville

District Court, N.D. Oklahoma · Jun 23, 2023

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.

Chapman v. Board of County Commissioners of Oklahoma County

District Court, W.D. Oklahoma · May 26, 2021

To overcome the defense of qualified immunity, Plaintiff must additionally show that the defendant’s actions violated clearly established law. … Courts must take care not to define clearly established law “at a high level of generality” and should instead determine “whether the violative nature of particular conduct is clearly established.” Mullenix v.

Thomsen v. Armfield

District Court, W.D. Oklahoma · May 7, 2024

Defendants assert that the Complaint fails to allege sufficient facts to establish a Fourth Amendment violation or to support municipal liability and that Officer Armfield is entitled to qualified immunity. … In § 1983 cases involving qualified immunity, “plaintiffs must allege facts sufficient to show (assuming they are true) that the defendants plausibly violated their constitutional rights, and that those rights were clearly

Doe v. Poteau Public Schools

District Court, E.D. Oklahoma · Sep 21, 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. … “Although qualified immunity defenses are typically resolved at the summary judgment stage, district courts may grant motions to dismiss on the basis of qualified immunity.” Myers v.

Watkins v. Housing Authority of the City of Hugo, The

District Court, E.D. Oklahoma · Feb 19, 2025

Qualified Immunity Defense Plaintiffs next contend the individual Defendants did not raise qualified immunity as a defense until the motion for summary judgment was filed, and therefore … The Individual Defendants’ Motion for Summary Judgment and Brief in Support on Qualified Immunity [Docket No. 60] is DENIED AS MOOT.

BENSHOOF v. NILES

380 P.3d 902 · Court of Civil Appeals of Oklahoma · Jul 19, 2016

Mid-Century Insurance Company, 2006 OK 100 , 151 P.3d 132 , the Oklahoma Supreme Court clearly articulated this standard: Motions to dismiss are generally viewed with disfavor. … If relief is possible under any set of facts which can be established and is consistent with the allegations, a motion to dismiss should be denied.

Draper v. Phelps

351 F. Supp. 677 · District Court, W.D. Oklahoma · Sep 6, 1972

. §§ 2201 and 2202 to declare and to define the rights and legal relations of the parties and to secure Plaintiffs’ rights, privileges and immunities under the Constitution of the United States. … Other courts have held that the power should not be exercised unless the statute is so clearly violative of constitutional rights of litigants as to leave no reasonable doubt as to the invalidity of the statute. 16 Am.Jur.Const.Law

Bailey v. Ada, City of

District Court, E.D. Oklahoma · Sep 16, 2024

“When the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established law,” the order denying … As a result, the Opinion and Order on qualified immunity is not final until all claims and parties have been addressed.

Patterson

District Court, N.D. Oklahoma · Aug 18, 2026

4 constitutional violation was clearly established. … The Tenth Circuit applies a two-step analysis to determine if a defendant is entitled to qualified immunity.

HUNSUCKER v. FALLIN

408 P.3d 599 · Supreme Court of Oklahoma · Dec 19, 2017

Art. 5 § 22, but is based solely on petitioners’- claim the legislation violates a provision of the State Constitution. ¶ 12 Senator Mike Schulz and Representative Charles McCall clearly possess immunity from the legal liability … A bill does not become law when a Governor creates an impermissible pocket veto of a substantive (non-appropriations) bill by giving a partial or qualified approval of the bill. Johnson v.