Case law

FLORETTA FRANKLIN, as mother and next of kin to LATOYA PERRY v. OU MEDICINE

2025 OK 84 · Supreme Court of Oklahoma · Nov 18, 2025

Since Congress established exclusive jurisdiction for these claims, Oklahoma district courts lack subject matter jurisdiction. See Mills v. … if they qualify as "covered persons" under the PREP Act.

Bassett v. Bassett

521 P.2d 434 · Court of Civil Appeals of Oklahoma · Mar 26, 1974

Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971), wherein the high court held an Idaho statute unconstitutional which provided that as between persons *436 equally qualified to administer estates, males should be … The objective of § 15-312 clearly is to establish degrees of entitlement of various classes of persons in accordance with their varying degrees and kinds of relationship to the intestate.

Smith v. Walsh

833 F. Supp. 844 · District Court, W.D. Oklahoma · Sep 29, 1993

Claims of qualified immunity are evaluated against an objective test. … Finally, in cases where reasonable mistakes in judgment are made that may violate established rights, qualified immunity will still protect law enforcement officials from liability.

Feldman v. Pioneer Petroleum, Inc.

87 F.R.D. 86 · District Court, W.D. Oklahoma · Jun 9, 1980

immunity from discovery under the work product doctrine. … Thus, in order for material to come within the qualified immunity from discovery created by Rule 26(b)(3), the material must be: (1) “documents and tangible things;” (2) “prepared in anticipation of litigation or for trial

Ruth v. Oklahoma City

143 Okla. 62 · Supreme Court of Oklahoma · Apr 1, 1930

Does the ordinance contain but one subject, and is it clearly expressed in the title? … This section clearly provides that the city shall not only have the powers specifically granted in the charter, but that it shall have such other additional powers, rights, privileges, franchises, and immunities as are granted

Babb v. Eagleton

614 F. Supp. 2d 1232 · District Court, N.D. Oklahoma · Jun 18, 2008

These qualified immunity cases accept as an established legal premise that a judicial officer would not be stripped of his or her immunity from a federal statutory violation simply because the statute also provided certain … In addition, judicial immunity, even more so than qualified immunity, is well-rooted in federal jurisprudence. See Forrester v.

Scott ex rel. B.P. v. Mid-Del Schools Board of Education

229 F. Supp. 3d 1254 · District Court, W.D. Oklahoma · Jan 17, 2017

immunity, the plaintiff has the heavy burden of establishing: (1) that the defendant’s actions violated a federal constitutional or statutory right; and (2) that the right violated was clearly established at the time of … that McGuire is not entitled to qualified immunity.

State Ex Rel. Whetsel v. Wood

207 Okla. 193 · Supreme Court of Oklahoma · Apr 23, 1952

powers to the Oklahoma Board of Examiners in Watchmaking and gives such Board unlimited powers to permit a certain class to engage in watchmaking, to the exclusion of others, thus giving such Board legislative powers to establish … The Watchmaking Act clearly prohibits one who may be fully qualified by years of training and experience from following his chosen craft and forces him to seek some other work or trade, thus depriving him of the fruits of

KREMEIER v. TRANSITIONS, INC.

345 P.3d 1126 · Court of Civil Appeals of Oklahoma · Oct 9, 2014

Hagley, 374 Md. 665 , 824 A2d 107, 117 (2003) ("[Nlegligence and lack of good faith are not equivalent," and "if good faith immunity can be overcome by establishing negligence, then good faith immunity is a meaningless concept … Clearly, one may give "too much information" in good faith.

Callaway v. Okmulgee School District 1

District Court, E.D. Oklahoma · Jul 11, 2025

clearly established at the time of defendant's alleged misconduct.” … Plaintiff may show the law to be “clearly established” by citing an on-point Supreme Court or Tenth Circuit decision, or by showing “the clearly established weight of authority from other courts must have found the law

State Ex Rel. Edmondson v. Native Wholesale Supply

237 P.3d 199 · Supreme Court of Oklahoma · Jul 6, 2010

immunity. … We see no support for such an interpretation of the Indian Commerce Clause in the jurisprudence of the United States Supreme Court, whose decisions clearly establish that the Indian Commerce Clause does not "of its own force

Nichols v. Pray, Walker, Jackman, Williamson & Marler

144 P.3d 907 · Court of Civil Appeals of Oklahoma · Jun 2, 2006

6 ¶ 21 Which brings us back to 40 O.S.2001 § 61, the qualified immunity statute. … Qualified immunity is extended to employers who give job performance information to a prospective employer, but only where the employee has requested or consented to furnishing the information.

Sanders ex rel. Ray v. Glanz

138 F. Supp. 3d 1248 · District Court, N.D. Oklahoma · Sep 30, 2015

Glanz also asserts that he is entitled to qualified immunity. In resolving questions of § 1983 qualified immunity (at the summary judgment stage), courts engage in a two-pronged inquiry. Tolan v. … Waide, 534 F.3d 1227, 1242 (10th Cir.2008) (rejecting claim .that the constitutional right was not clearly established and stating that “[t]he Supreme Court and the Tenth Circuit have repeatedly and unequivocally established

Palmer v. BD. OF COM'RS FOR PAYNE COUNTY OKLAHOMA

765 F. Supp. 2d 1289 · District Court, W.D. Oklahoma · Jan 18, 2011

And, because Plaintiff has not established that Defendant Hall violated Plaintiffs clearly established constitutional rights within the two-year statutory period, Defendant Hall is entitled to qualified immunity on Plaintiffs … Defendant Myers is not entitled to qualified immunity.

Stillwell v. Lawrence

766 F. Supp. 2d 1202 · District Court, N.D. Oklahoma · Jan 21, 2011

Lawrence argues that he is entitled to qualified immunity because plaintiff has not cited any authority showing that his right to notice of a reinstatement policy at the time of his removal was clearly established as a matter … The Court also notes that Lawrence has raised a defense of qualified immunity and it is plaintiffs burden, not the Court’s, to show that Lawrence violated plaintiffs clearly established rights.

Dopp v. Honaker

District Court, W.D. Oklahoma · Sep 30, 2019

insufficient to establish a constitutional violation.”). … Mata, 427 F.3d at 761 (granting qualified immunity where “[n]o reasonable jury could conclude” that the prison nurse acted with deliberate indifference to the prisoner’s medical needs).

Shauf v. Rios

313 F. Supp. 3d 1262 · District Court, W.D. Oklahoma · Mar 2, 2018

To overcome this immunity, Plaintiff "must establish (1) that the defendant violated a constitutional or statutory right, and (2) that this right was clearly established at the time of the defendant's conduct." Dodds v. … With regard to Williams's alleged deliberate indifference, Plaintiff also defeats qualified immunity.

Boyd v. Tietze

172 P.3d 639 · Court of Civil Appeals of Oklahoma · Aug 10, 2007

Therefore, the relevant inquiry is not whether an individual qualifies under the definition of "state" but rather whether the person qualifies as an employee acting within the scope of his or her employment under the Act … According to Anderson, 1994 OK 136, ¶12 , 890 P.2d at 1337 , this sentence clearly takes the employee/teaching-physi-clans ... out of the seope of their employment when they are practising[practicing] medicine-whether for

ANAYA-SMITH v. FEDERATED MUTUAL INSURANCE CO.

2024 OK 34 · Supreme Court of Oklahoma · May 14, 2024

More specifically, it argues that Anaya-Smith has not established that the employer-owned vehicle was an "uninsured motor vehicle" as required for UM coverage to be applicable. … CONCLUSION ¶ 33 We find that under Oklahoma law, a tortfeasor immune from suit due to the exclusive remedy provisions of 85A O.S.Supp.2019, § 5, is an uninsured motorist as a matter of law, and the accident vehicle qualifies

SPANE v. CENTRAL OKLAHOMA COMMUNITY ACTION AGENCY

346 P.3d 437 · Court of Civil Appeals of Oklahoma · Feb 5, 2015

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … [COCAA] should be de[-]designated at any point"; that termination of the community action agency status for COCAA has never been recommended; that ODOC has continually recognized COCAA as a community action agency; that qualifying