Case law

Affordable Bail Bonds, Inc. v. Tulsa County Sheriff's Office

District Court, N.D. Oklahoma · May 3, 2019

, and that those rights were clearly established at the time.” … 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

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.

Johnson v. Oklahoma Department of Veterans Affairs

District Court, W.D. Oklahoma · Mar 19, 2021

Defendants have asserted the defense of qualified immunity, which shields government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … In response to the defense of qualified immunity, Plaintiff must show: (1) that the particular defendant's actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly established

CRAWFORD v. OSU MEDICAL TRUST

510 P.3d 824 · Supreme Court of Oklahoma · Mar 22, 2022

. § 164 ¶24 This conclusion is consistent with the Legislature's limited waiver of sovereign immunity. … The court held that it did, because minors are clearly restrained in their ability to provide self-care or to fully manage their own property.

Porter v. Commissioners of Kingfisher County

6 Okla. 550 · Supreme Court of Oklahoma · Jan 12, 1898

When separate schools are established as provided in this act, the.term of school shall be the same i:i each school year, and shall be brovided with equal school facilities. .* * *554 “Sec. 9. … These provisions are clearly within the inhibitions declared by the constitutional amendment and acts of congress just quoted. In McKay v. Cambell, 16 Fed.

Moman v. Barnhart

District Court, N.D. Oklahoma · Aug 25, 2022

Qualified immunity Defendants contend they are entitled to summary judgment as to both Fourth Amendment claims on the basis of qualified immunity because (1) the undisputed … But individual officials are entitled to qualified immunity only “if their conduct does not violate clearly established statutory or constitutional rights.” Mayfield v.

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.

City of Ponca City v. Edwards

460 P.2d 418 · Supreme Court of Oklahoma · Sep 30, 1969

This action is clearly within the meaning of Section 161. … Sections 546.1 to 546.14, approval of the establishment of such municipal parking facility must be received by a majority of the qualified voters of the City, voting therefor, at an election called in accordance with the

Allen v. Lenape Lure Co.

73 O.B.A.J. 2138 · Court of Civil Appeals of Oklahoma · Apr 26, 2002

Creek Nation, 1997 OK 41 , 986 P.2d 985 , 2 the panel found Claimant had failed to satisfy his burden of establishing First Nations' insurance premiums were calculated in part upon Claimant's salary. … He does not appeal the finding the Tribe is immune from suit.

Hiler v. Bryant

District Court, W.D. Oklahoma · Feb 12, 2020

, and summary judgment be granted to defendants based on qualified immunity as to plaintiff’s individual capacity claims seeking monetary relief. … As he noted, the case law cited by plaintiff does not serve to clearly establish the law in the particular circumstances involved here.

Buck v. City of Tulsa

District Court, N.D. Oklahoma · Apr 6, 2022

Qualified Immunity Defendants Rhoades and Parker argue that they are entitled to qualified immunity. Dkt. # 8, at 8. … Therefore, plaintiff has sufficiently established, at this stage of the proceedings, that defendants Rhoades and Parker are not entitled to qualified immunity. iv.

SPENCER v. NELSON

557 P.3d 144 · Supreme Court of Oklahoma · Sep 17, 2024

It has long been established that immunity under the GTCA does not extend to governmental employees "who acted in a willful or wanton manner." Holman By and Through Holman v. … Because the GTCA is in derogation of the State's sovereignty, it "will not be construed to divest the [S]tate of its immunities unless the intention to do so is clearly expressed." Gurley v.

Uhrina v. Mastako

100 Okla. 294 · Supreme Court of Oklahoma · Sep 23, 1924

Keith, a member of the bar of Pittsburg county, was duly chosen and qualified to hear said cause as special judge. … At the conclusion of the said hearing the court made and entered the following finding of fact and judgment as follows: “It is the finding of the court that the contestant has failed to establish the fact that any property

Hoover v. Kiowa Tribe of Oklahoma

957 P.2d 81 · Supreme Court of Oklahoma · Apr 13, 1998

I dissent, because: 1) the Tribe did not clearly waive its sovereign immunity; 2) Oklahoma has not met the congressionally imposed conditions necessary to assume civil and criminal jurisdiction over Indian tribes and nations … Any case involving a contract or compact when the tribe has clearly and unequivocally waived its sovereign immunity by: a. A resolution adopted by the governing body of the tribe, or b.

Banks v. Hayes

District Court, N.D. Oklahoma · Sep 14, 2022

Mayberry is entitled to qualified immunity as to plaintiffs’ § 1983 claim against her unless plaintiffs show that Mayberry’s conduct violated a specific constitutional right and that the constitutional right was clearly established … established. 18 constitutional law, but that applies to Hayes only and he has not requested qualified immunity on plaintiffs’ § 1983 claim.

Oklahoma Tax Commission v. City Vending of Muskogee, Inc.

63 O.B.A.J. 2287 · Supreme Court of Oklahoma · Jul 14, 1992

The Commission may have indeed exceeded its taxing power by including in the contested assessment transactions that qualify as federally exempt intratribal sales. … This statutory scheme should be administered to preserve the established exemptions.

Mojsilovic v. Oklahoma ex rel. Board of Regents for the University of Oklahoma

101 F. Supp. 3d 1137 · District Court, W.D. Oklahoma · Apr 3, 2015

The Court disagrees with Plaintiffs’ contention that Congressional intent need not be clearly stated in order to overcome the States’ sovereign immunity because the TVPRA was enacted by Congress pursuant to its authority … Whereas Congress amended Title VII in 1972 specifically to establish state liability for violations of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e(a), (f); Fitzpatrick v.

Wiley v. State

17 Okla. Crim. 643 · Court of Criminal Appeals of Oklahoma · Sep 11, 1920

on the part of the prosecution or a hope of immunity on the part of the witness. … As heretofore stated, the state’s evidence tended clearly to connect the defendant with sales of whisky made in his drug store between July 1, 1917, and October 22, 1917, by his clerk, Paul Atkins; and, while the defendant

Opinion No. (1987) Ag

Oklahoma Attorney General Reports · Jan 27, 1987

SUCCESSORS ARE ELECTED AND QUALIFIED. … THE STATUTE CLEARLY PROVIDES THAT THE BOARD OF DIRECTORS MAY ONLY CONSIST OF NINE MEMBERS, AND THAT THERE MUST BE NINE MEMBERS.

In Re Supreme Court Adjudication of Sufficiency of Initiative Petition in Tulsa

597 P.2d 1208 · Supreme Court of Oklahoma · Jul 3, 1979

Briefly stated, the initiative petition is directed to establishing a minimum number of police officers at the national average per 1,000 of population and setting salaries for these personnel at not less than the average … The matter dealt with in this petition is not a legislative matter, but clearly involves administrative discretion.