Case law

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.

Hershey v. Turner

District Court, E.D. Oklahoma · Apr 21, 2020

“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 … clearly established at the time of the defendant’s conduct[.]’”

Oklahoma Ex Rel. Derryberry v. Federal Energy Regulatory Commission

494 F. Supp. 636 · District Court, W.D. Oklahoma · Jun 4, 1980

New gas qualifies for special incentive prices. Gas produced from new wells within these limitations may also qualify if it is shown to be from a new reservoir. … The limits of judicial analysis are clearly defined in Heart of Atlanta Motel, Inc. v. U.

State Ex Rel. State Board of Public Affairs v. Principal Funding Corp.

519 P.2d 503 · Supreme Court of Oklahoma · Feb 12, 1974

Where the evidence is insufficient to establish a clear legal right to the writ of mandamus, denial thereof is proper. … This case poignantly demonstrates the reasons the doctrine of governmental immunity should be overthrown and forgotten. Nineteen states have now discarded the shield of governmental immunity.

Whitley v. Oologah Independent School District No. I-4 of Rogers County

741 P.2d 455 · Supreme Court of Oklahoma · Jul 24, 1987

Appellees contended the procedural guidelines set forth by 51 O.S. 1981 § 151 et. seq. had not been followed and the suit was thus barred by sovereign immunity. … This provision is clearly directed at the cause of action and is not a general limitations provision.

Clerkley v. City of Oklahoma City, Oklahoma

District Court, W.D. Oklahoma · Aug 14, 2023

“Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” Wilkins v. … And Holcomb moves for summary judgment asserting the defense of qualified immunity. Holcomb’s “assertion of qualified immunity creates a presumption that [he is] immune from suit.” Perea v.

Bruner v. State

612 P.2d 1375 · Court of Criminal Appeals of Oklahoma · Jun 24, 1980

each other that proof of one tends to establish the other. … The appellant was also identified by the accomplice, Sammy Graves, who was granted immunity from prosecution.

State Ex Rel. Oklahoma Bar Ass'n v. Sullivan

596 P.2d 864 · Supreme Court of Oklahoma · Jan 30, 1979

Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), in considering the scope of a judge’s immunity from damages liability when sued under 42 U.S.C. § 1983 said: “The governing principle of law is well established … long-established principle.

Anthony v. City of Oklahoma City

District Court, W.D. Oklahoma · Aug 14, 2023

“Qualified immunity ‘protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” Id. … Qualified Immunity a.

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 8, 2001

Each consultant must be evaluated against a clearly established list of criteria which is provided to the consultant within seven days in advance of the interview. … are qualified; c.

Goss v. Cathey

District Court, N.D. Oklahoma · Aug 20, 2019

This does not mean that complaints in cases subject to qualified immunity defenses must include all the factual allegations necessary to sustain a conclusion that defendant violated clearly established … Cathey is entitled to qualified immunity, and because Plaintiff failed to link Defendant Cathey to any alleged Constitutional violation.

Zeier v. Zimmer, Inc.

152 P.3d 861 · Supreme Court of Oklahoma · Dec 19, 2006

Those questions are clearly and definitely established by our fundamental law to a certainty as functions of the legislative department. 19 We uphold the legislative enactment unless the statute is clearly, palpably and plainly … 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

Martin v. Hartford Underwriters Insurance Co.

918 P.2d 49 · Supreme Court of Oklahoma · Apr 23, 1996

Clearly, there must be a tortfeasor, someone who has committed a wrong from which the insured has suffered damage, before uninsured motorist coverage can come into play. … In both of those cases there was a tortfeasor, but a statute immunized him from liability for conduct that otherwise would have been actionable.

Weaver v. Haworth

410 F. Supp. 1032 · District Court, E.D. Oklahoma · Nov 25, 1975

City of Richmond, 417 F.2d 426 (Ninth Cir. 1969) which states: “Suit may be brought against private citizens under section 1983 if a conspiracy is established between them and the state or local officials who clearly acted … Said immunity is absolute even though the judge may act with malice. Pierson v. *1036 Ray, supra; Duba v. McIntyre, 501 F.2d 590 (Eighth Cir. 1974).

Secrest v. Secrest

146 Okla. 235 · Supreme Court of Oklahoma · Jul 1, 1930

In these circumstances, we are clearly of the opinion that appellant has shown good cause for delay and waived no rights he may have under the will. … (Ky.) 177, it is said: “When one named executor qualifies as administrator, he may, upon proof of the will, qualify as executor — the act of qualifying as administrator was no renunciation of his right to qualify as executor

Doe v. Oologah-Talala Independent School District No. 4 of Rogers County, Oklahoma

District Court, N.D. Oklahoma · Mar 29, 2024

Qualified immunity shields public officials “ʻfrom damages actions unless their conduct was unreasonable in light of clearly established law.’” Gutierrez v. … A right is considered clearly established where “ʻa Supreme Court or Tenth Circuit decision [is] on point, or the clearly established weight of au- thority from other courts must have found the law to be as the plaintiff

Opinion No. (1985)

Oklahoma Attorney General Reports · Oct 18, 1985

Clearly the Legislature intended that newspapers, to qualify under this statute, shall be required to maintain a paid general subscription circulation in the county. … However, the Legislature did not establish a minimum percentage or number of paid general subscription circulation to qualify under 25 O.S. 106 (1984). We think that the language in a Washington case may be helpful.

Bank of Oklahoma, N.A. v. Briscoe

911 P.2d 311 · Court of Civil Appeals of Oklahoma · Feb 20, 1996

Section 179 extends immunity from “personal liability” only to the trustees and beneficiaries of the public trust itself. … Clearly, Briscoe’s right to file an independent action for TLA and RESPA violations expired one year after those violations occurred.

Cummings v. Board of County Commissioners

64 O.B.A.J. 3304 · Court of Civil Appeals of Oklahoma · Aug 3, 1993

As noted above, the section is part of the Oklahoma Governmental Tort Claims Act, by which the Legislature adopted the doctrine of sovereign immunity for the state and its political subdivisions, but waived immunity “to the … extent and in the manner” provided in the act. 6 The § 155 exemptions are the codification of the state’s immunity.

Oklahoma City Municipal Improvement Authority v. HTB, Inc.

769 P.2d 131 · Supreme Court of Oklahoma · Mar 9, 1989

Established principles of Oklahoma law differ, and in making such a determination the Oklahom court has focused not upon the function performed, but the ultimate right at issue. … OCMIA’s original purpose clearly contemplated a nationwide range of rights affected by water delivery.