Case law

VASQUEZ v. DILLARD'S, INC.

2016 OK 89 · Supreme Court of Oklahoma · Sep 13, 2016

employers may continue to provide coverage for workplace injuries under the traditional no-fault workers' compensation system, now governed by the Administrative Workers' Compensation Act (AWCA). 18 Employers are provided immunity … [t]he rights and obligations of a qualified employer and its employees shall be subject to the exclusive remedy provisions of Section 5 of [the AWCA] . . . ." 58 The Legislature has clearly expressed its intent to not allow

Huff v. Reeves

District Court, E.D. Oklahoma · Mar 4, 2020

Still, the “clearly established law must be ‘particularized’ to the facts of the case.” Knopf, 884 F.3d at 944 (citation omitted). A plaintiff must establish both prongs to defeat a qualified immunity defense. … He is also entitled to qualified immunity based on the second prong of the test – Plaintiff has not shown that Trooper Reeves violated a clearly established right under these circumstances.

Sanford v. Howard

185 Okla. 660 · Supreme Court of Oklahoma · Sep 26, 1939

The Subject Classified. — The occasion upon which privileged communications are made may be classified as those absolutely privileged and those in which the privilege is qualified.” “Sec. 506. First. … This rule is, however, confined to cases in which the public service or the administration of justice requires complete immunity — for example, words spoken in legislative bodies, in debates, etc.; in reports of military

City of Guthrie v. Wylie

6 Okla. 61 · Supreme Court of Oklahoma · Sep 4, 1896

That they went through the forms of electing and qualifying a mayor, council, clerk, treasurer and other officers common to a city government. … It is unnecessary for us to elaborate this proposition, as it has already been clearly and definitely determined by this court (Losey v. City of Guthrie, 1 Okla. 188 ; Blackburn v.

Garman v. Myers

183 Okla. 141 · Supreme Court of Oklahoma · Jun 14, 1938

The board passed upon plaintiff’s application and found it to be insufficient to establish eight years of professional engineering experience under the definition of the statute. … There was a controversy as to plaintiff’s experience, and whether same was sufficient to qualify him for registration.

Tice v. Board of County Commissioners of Lincoln

District Court, W.D. Oklahoma · Apr 2, 2020

Qualified immunity shields government officials from liability where “their conduct does not violate clearly 9 Donaldson was disciplined in part for placing a flyer allegedly created by the Committee and … Once a defendant asserts qualified immunity, the Plaintiff bears the burden of demonstrating that both (1) the official violated a federal constitutional or statutory right; and (2) the right violated was clearly established

Lambert v. Inryco, Inc.

569 F. Supp. 908 · District Court, W.D. Oklahoma · Feb 4, 1982

A motion for judgment on the pleadings is not favored and will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to a judgment as a matter of … Chamness, 168 P.2d 1007 (Okl.1946) and his statements that mere cooperation or close proximity is not sufficient to establish horizontal immunity does not persuade the Court that its Order Granting Summary Judgment filed

Lane v. State Board for Registration of Professional Engineers

468 P.2d 784 · Supreme Court of Oklahoma · Mar 10, 1970

The plaintiff relies, in part, upon Section 442 (Section 13 of the 1935 act), which provided that: “Unless disqualifying evidence exists, the following facts established in the application, upon verification by the Board, … determine whether experience claimed by an applicant for registration is sufficient to entitle him to registration,” and that the Board, in that case, passed upon the plaintiff’s application and found it to be insufficient to establish

LARGEN v. WENCO ENERGY CORP.

2014 OK CIV APP 47 · Court of Civil Appeals of Oklahoma · Mar 21, 2014

That the means chosen by Defendant may not have been the safest, or that the Defendant would have been better advised to hire a professional mover is clearly open to debate. … Howard , 2010 OK 26, ¶10, 236 P.3d 82, 88. ¶15 That said, there is absolutely no proof or even inference that Defendant acted with a specific and deliberate intent to cause Decedent's death as to divest Defendant of the immunity

Matter of NL

754 P.2d 863 · Supreme Court of Oklahoma · Apr 19, 1988

The Indian child's tribe may establish a different order of preference by resolution. 25 U.S.C. § 1915 (c). … She contends that the State failed to establish good cause for refusing to transfer this proceeding to her tribal court.

Byrd v. Independent School District No. 8 of Tulsa County Oklahoma

District Court, N.D. Oklahoma · Sep 30, 2024

Qualified Immunity Qualified immunity protects government officials “from liability for civil damages if their conduct ‘does not violate clearly established statutory or constitutional … clearly established at the time of the violation.”

Stepp v. Talihina Public School District

District Court, E.D. Oklahoma · Apr 17, 2025

“Qualified immunity protects officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A relevant Supreme Court or Tenth Circuit decision is alone sufficient to establish a right for purposes of qualified immunity. A.N. v.

Kirschner v. McCracken

180 Okla. 223 · Supreme Court of Oklahoma · Mar 23, 1937

Plaintiffs urge that the power given the commission to suspend the licensee’s business pending hearing for cancellation clearly deprives the licensee of his property without due process of law in that his business may be … mere privilege, and neither a contract nor a property or vested right, a statute or ordinance authorizing or providing for its revocation does not violate constitutional provisions, as depriving the licensee of property, immunity

Liggins

District Court, N.D. Oklahoma · Jun 15, 2026

Kunzweiler and Jeffers allege in their motion that they are entitled to: 1) sovereign immunity; 2) absolute prosecutorial immunity; and 3) qualified immunity. Dkt. # 22, at 6-12. … Liggins, in response to the motion, argues that Kunzweiler and Jeffers are not entitled to absolute prosecutorial immunity or qualified immunity. Dkt. # 25, at 4-9.

TORRES v. SEABOARD FOODS, LLC

2016 OK 20 · Supreme Court of Oklahoma · Mar 1, 2016

Employer expands upon this latter principle and argues that the Legislature has the power to determine what type of injury "qualifies as [a] compensable injury . . . … project, but this immunity shall not extend to the negligent preparation of design plans and specifications.

Jones v. City of Sapulpa

District Court, N.D. Oklahoma · Apr 24, 2025

was clearly established at the time of the defendant’s unlawful conduct.” … Whether Plaintiff Plausibly Alleged Any Clearly Established Rights Notably, Plaintiff failed to respond to or address Defendant Byrnes’ claim of qualified immunity. (See Docket No. 27).

Matter of Estate of Flowers

848 P.2d 1146 · Supreme Court of Oklahoma · Mar 16, 1993

The determination of legislative intent controls judicial statutory interpretation. [16] However, it is unnecessary to apply rules of construction to discern Legislative intent if the will is clearly expressed. [17] Pursuant … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Opinion No. 71-151 (1971) Ag

Oklahoma Attorney General Reports · Apr 29, 1971

In Anderson, petitioners challenged the validity of a school district election whereby the Board of Trustees had established only one (1) voting place within the district. … Accordingly, if an elector has allowed his registration to expire, then said elector clearly does not comply with the registration requirement, and thereby, is not qualified to vote in any school district elections.

United States v. Phillips Petroleum Co.

435 F. Supp. 610 · District Court, N.D. Oklahoma · Jul 5, 1977

First of all he testified before Your Honor had conferred immunity on him, and he refused and then he was given immunity and he testified all one afternoon, specifically on the afternoon of February 12, just almost a year … After being forced to testify through a grant of immunity, he established himself as an expert on federal income tax and the officer primarily responsible for the Company’s tax returns.

DiCesare v. Makinson

District Court, E.D. Oklahoma · May 30, 2023

Defendant Makinson is “entitled to qualified immunity unless it is demonstrated that [his] conduct violated clearly established constitutional rights of which a reasonable person in [his] position would have known.” … The court notes that each case cited by Defendant Makinson for his qualified immunity argument is considering the argument on a motion for summary judgment.