Case law

Sullivan v. State ex rel. Oklahoma Tax Commission

841 P.2d 619 · Court of Civil Appeals of Oklahoma · Jun 30, 1992

She predicates this conclusion on her affidavit evidence which she says establishes that: (1) “State employees are now worse off with the raising of the exemption lid” evidently referring to the severe reduction of the erstwhile … This court will take judicial notice that retirement benefits play a significant role in the recruitment and retention of qualified employees in both the public and private sectors.

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.

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. Ken Mar Associates, Ltd.

697 F. Supp. 400 · District Court, W.D. Oklahoma · Oct 27, 1987

Defendants’ counterclaim for abuse of discretion clearly falls within an exception to the waiver of sovereign immunity under the Federal Tort Claims Act, and is therefore not actionable. … Griffith acknowledges at page 3 of his September 17, 1987, affidavit that the government did not comply with items 10 and 17 of the scheduling order established by Judge Alley, pertaining to dispositive motions and proposed

Rainwater v. Board of Regents for the University of Oklahoma

District Court, W.D. Oklahoma · Jan 27, 2020

Defendants alternatively argue that Plaintiff has failed to allege sufficient facts to sustain a substantive due process claim and that the individual Defendants are entitled to qualified immunity.5 Qualified immunity protects … Once a defendant invokes a qualified immunity defense, Plaintiff must establish that the defendant violated a statutory or constitutional right, and that the right was clearly established.

Savage v. Dobbertin

District Court, N.D. Oklahoma · Apr 7, 2025

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … immunity because this Court determined the qualified immunity question in his favor at the motion-to-dismiss stage.

Arie v. State

23 Okla. 166 · Supreme Court of Oklahoma · Feb 2, 1909

same shall provide by, ordinance for submitting said Constitution to the people of said proposed state for its ratification or rejection at an election to be held at a time fixed in said ordinance, at which election, the qualified … The weight of authority is overwhelming that no immunity, by-virtue of any constitutional provision, either federal or state, exists so as to prevent the state Legislatures from regulating, and even prohibiting, the traffic

Opinion No. 79-049 (1979) Ag

Oklahoma Attorney General Reports · Mar 22, 1979

It places at his disposal additional technical and clerical help including a qualified specification engineer and eighteen qualified buyers experienced in all facets of state purchases. 74 O.S. 85 .5 [ 74-85.5 ] of the Central … The plain language of the above quoted section, clearly establishes the legislative intent that in the event an agency and Purchasing Director cannot agree upon the specifications or brand of product requested, the State

Henry v. Bartlesville Gas & Oil Co.

33 Okla. 473 · Supreme Court of Oklahoma · Sep 11, 1912

That on April 25, 1911, the board of commissioners of said city passed another ordinance (No. 418), which was submitted to the qualified electors of the city, and was approved by them at a special election held for that purpose … In affirming the judgment, the Superior Court held that the grant of the powers, privileges, and immunities conferred by the resolution was the grant of a franchise, and, the municipal corporation being incompetent to make

Graham v. State

26 Okla. Crim. 95 · Court of Criminal Appeals of Oklahoma · Jan 28, 1924

One of the established modes of impeaching a witness is by proving that he has made statements out of court, contrary to his testimony. ' In this ease that was done by the only other witness for the state; also by the testimony … In our' opinion the evidence in this case is clearly insufficient to sustain the conviction. • Accordingly the judgment is reversed. MATSON, P. J., and BESSEY, J., concur.

Medina v. State

64 O.B.A.J. 2872 · Supreme Court of Oklahoma · Sep 28, 1993

And, the obvious purpose and intent of subsection 23 is to provide immunity in addition to the immunity provided in subsections 4 and 5. … The plaintiff contends that the entries establish a known risk of suicide, while defendants argue that the entries merely demonstrate attention-getting behavior.

Opinion No. 76-230 (1976) Ag

Oklahoma Attorney General Reports · Jun 14, 1976

No fees, regardless of appellation, may be legally exacted as a condition of attendance of public schools by children otherwise qualified. … Said statutory provision clearly contemplates that attendance of the public school system of the State be absolutely free to such children.

AMERICAN AIRLINES, INC. v. STATE ex rel. OKLAHOMA TAX COMMISSION

341 P.3d 56 · Supreme Court of Oklahoma · Nov 18, 2014

To maintain this certification, AA is required to follow FAA regulations and guidelines established by original equipment manufacturers. … as a qualified aircraft maintenance facility.

Rainwater v. Board of Regents for the University of Oklahoma

District Court, W.D. Oklahoma · Jan 30, 2020

Defendants alternatively argue that Plaintiff has failed to allege sufficient facts to sustain a substantive due process claim and that the individual Defendants are entitled to qualified immunity.5 Qualified immunity protects … Once a defendant invokes a qualified immunity defense, Plaintiff must establish that the defendant violated a statutory or constitutional right, and that the right was clearly established.

McVickers v. Zerger

389 P.2d 977 · Supreme Court of Oklahoma · Feb 25, 1964

limited tax general obligation bonds to secure and develop industry; and that the said cities cannot proceed pursuant to the provisions of the Local Industrial Development law or Public Trust Act, which provides for the establishment … A reading of the same shows clearly that it needs no act of the Legislature in order to know how to proceed under it. We have spoken clearly on a similar question in City of Shawnee v. Williamson, Okl., 338 P.2d 355 .

Tucker v. State

499 P.2d 458 · Court of Criminal Appeals of Oklahoma · Jun 21, 1972

Defendant argues that Maynard, who was granted immunity from prosecution and testified as a state’s witness in chief, when called as a rebuttal witness was merely repetitious of the earlier testimony. … Clearly, if the trial court may not so instruct the jury, it is improper for the prosecuting attorney to so instruct the jury.

Coleman v. COURT OF APPEALS, DIV. NO. TWO, ETC.

550 F. Supp. 681 · District Court, W.D. Oklahoma · Jun 30, 1980

from civil action of this nature by virtue of the doctrine of judicial immunity. … Such sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces.

Lusk v. Eminhiser, County Treasurer

53 Okla. 785 · Supreme Court of Oklahoma · Jun 6, 1916

The precise point presented is that, inasmuch as no direct reference is made to the subject of taxation, or, limitations of levy, in the title to the act, the general purpose of this provision is not clearly expressed in … The act requires all or some part of such an expenditure each year as the township’s contribution toward carrying out the policy of the state in the matter of establishing a uniform system *792 of good roads.

Morris ex rel. Estate of Morris v. Humphrey

59 F. Supp. 3d 1369 · District Court, W.D. Oklahoma · Oct 2, 2014

constitutional or statutory right, and, if so, (2) that the right was clearly established at the time of the defendant’s unlawful conduct.’ ” Estate of Booker v. … defense of qualified immunity. .

Shaik

District Court, E.D. Oklahoma · May 19, 2026

He cannot rely on qualified immunity. … “Qualified immunity insulates officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a Civil No. 24-252 (FAB