Case law

Cossey v. Cherokee Nation Enterprises, LLC

212 P.3d 447 · Supreme Court of Oklahoma · Jan 20, 2009

In 2001, it established the Tribal Court Assistance Program designed to establish, improve, and expand the functionality of the tribal court system. … The tribe shall not be deemed to have waived its sovereign immunity from suit with respect to such claims by establishing such procedures or by any provision of this Compact, but agrees not to assert such immunity as provided

JOHN v. SAINT FRANCIS HOSPITAL

2017 OK 81 · Supreme Court of Oklahoma · Oct 24, 2017

And, here, the class defining language is "actions requiring . . . a qualified expert . . . to establish breach of the relevant standard of care and that such breach of duty resulted in harm." 19.1(A). … 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

Nichols v. Jackson

72 O.B.A.J. 3717 · Court of Criminal Appeals of Oklahoma · Dec 4, 2001

T4 Oklahoma's Open Records Act 6 (Act) clearly applies on its face to the courts. … The right to a fair trial overrides the qualified First Amendment right of public access.

Denton v. Yancey

142 F. Supp. 3d 1174 · District Court, N.D. Oklahoma · Oct 23, 2015

immunity. … The Court need not reach the question of whether Defendants Yancey and Ray are entitled to qualified immunity. C.

Whitten v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jun 13, 2025

Clearly Established Law. Mitchell has raised the defense of qualified immunity, and Plaintiff is thus also required to show that Mitchell’s actions violated clearly established law. … Qualified Immunity.

Godsey v. Mitchell

District Court, W.D. Oklahoma · Feb 22, 2021

Further, Wood argues that he is entitled to qualified immunity because plaintiffs have not shouldered their burden to show that he violated Micheal’s clearly established constitutional rights. … clearly established law.

Tice v. Pennington

30 P.3d 1164 · Court of Civil Appeals of Oklahoma · May 30, 2001

Because the GTCA is in derogation of sovereignty, it "will not be construed to divest the state of its immunities unless the intention to do so is clearly expressed." Gurley, 1989 OK 34, ¶ 6 , 770 P.2d at 576 . … Thus, section 156(B) should not be construed to include a discovery rule that clearly is not part of the statutory language and that would divest the state of its immunity. ¶ 6 Furthermore, the discovery rule as a tolling

Easter v. Oklahoma Department of Wildlife Conservation

District Court, E.D. Oklahoma · Jun 24, 2020

Thereafter, on October 31, 2017, Cramer appealed the denial of qualified immunity to the Tenth Circuit Court of Appeals. See Docket Entry #105. … In its opinion, the Tenth Circuit had to conclude that the operative facts viewed most favorable to Easter were not sufficient to establish a violation of clearly established law – contrary

Frazier v. Bryan Memorial Hospital Authority

775 P.2d 281 · Supreme Court of Oklahoma · May 16, 1989

The trial court expressly found that 1) ap-pellee, Bryan Memorial Hospital Authority [Authority], 14 qualifies as a political subdivision according to the terms of 51 O.S. 1981 § 152(6)(d), 15 2) before filing his lawsuit … Hospital’s May 22 dismissal from the case clearly was not intended to be a terminal action against the defendants comprised within this appellation.

Gilchrist v. Board of Review of the Oklahoma Employment Security Commission

75 O.B.A.J. 1765 · Supreme Court of Oklahoma · Jun 15, 2004

Much like commercial speech, 18 testimony must always conform to the reality of established facts. … The immunity of parties and witnesses from liability in damages for giving harmful testimony in judicial proceedings was established early in the English common law. See Briscoe v.

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.

German v. Rhoades

District Court, W.D. Oklahoma · Feb 17, 2021

clearly established when the alleged violation occurred. … The court stated the “arguable probable cause” standard is a different way to articulate the clearly established prong of the qualified immunity analysis in the context of a warrantless arrest. Id.

Wayne M Fournerat Esquire v. Deguisti

District Court, E.D. Oklahoma · Feb 14, 2025

Further, even if Judge DeGiusti is not entitled to absolute judicial immunity, he is entitled to qualified immunity. … To overcome the presumption of qualified immunity, “a plaintiff must show that: (1) the public official violated the plaintiff’s constitutional rights; and (2) these rights were clearly established at the time of the

Holbert v. Cimarron County Sheriff's Department

District Court, W.D. Oklahoma · Jan 12, 2021

P. 12(b)(6) and that he is entitled to qualified immunity. … rights and that the right was clearly established.”

Oklahoma City v. Taylor

470 P.2d 325 · Supreme Court of Oklahoma · Apr 21, 1970

Symes, Okl., 394 P.2d 493 , we held: "In an action for personal injuries a verdict will not be set aside for excessiveness of damages unless it clearly appears that the jury committed some gross and palpable error, or acted … It seems reasonable to me to reconsider and re-evaluate the doctrine of governmental immunity for a municipality, established in 1788 in Russell v.

Hayes v. Owen

District Court, N.D. Oklahoma · Jun 17, 2025

Defendants argue that they are entitled to qualified immunity because Plaintiffs have failed to show that they violated a clearly established constitutional right. Dkt. 122 at 24-28. … Where a plaintiff fails to discuss whether the rights were clearly established or fails to cite legal authority in response to an assertion of qualified immunity, the defendant is entitled to qualified immun- ity.

Burke

District Court, E.D. Oklahoma · Apr 16, 2026

Qualified Immunity "Individual defendants named in a § 1983 action may raise the defense of qualified immunity," Cillo v. … There, the Tenth Circuit reversed the denial of qualified immunity to an infrequently on-site jail physician where the alleged violation was premised on his diagnostic choices, concluding it was not clearly established

Simpson v. Little

District Court, N.D. Oklahoma · Oct 30, 2019

“When a defendant raises the qualified-immunity defense, the ‘onus is on the plaintiff to demonstrate (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at … Accordingly, the “clearly established weight of authority from other courts” supports a denial of qualified immunity to Officer Little under the facts alleged.

Great West Casualty Co. v. Boroughs

505 F. Supp. 2d 1072 · District Court, N.D. Oklahoma · Jan 17, 2007

From the standpoint of Boroughs, the injury was clearly an unexpected accident. … Stat. tit. 36, § 3636 even though the tort-feasor was a coemployee who was immune from suit under exclusivity provisions of Oklahoma’s workers’ compensation laws.

Wayne M Fournerat Esquire v. Deguisti

District Court, W.D. Oklahoma · Feb 14, 2025

Further, even if Judge DeGiusti is not entitled to absolute judicial immunity, he is entitled to qualified immunity. … To overcome the presumption of qualified immunity, “a plaintiff must show that: (1) the public official violated the plaintiff’s constitutional rights; and (2) these rights were clearly established at the time of the