Case law

Muskogee Sand & Gravel Co. v. Hulbert

156 Okla. 112 · Supreme Court of Oklahoma · Jul 28, 1931

Clearly the contention made cannot be upheld. … The verdict of the jury indicates clearly that the trespass was not found to be willful.

Dopp v. Honaker

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

Qualified immunity shields government officials performing discretionary functions from personal liability “if their conduct does not violate clearly established rights of which a reasonable government official would have … right and (2) the constitutional right was clearly established” at that time.

Opinion No. (1997)

Oklahoma Attorney General Reports · Dec 10, 1997

Where the intent is clearly stated in the statute, no further statutory construction is necessary. Hughes Drilling Company v. Morgan, 648 P.2d 32 , 35 (Okla. 1982). In 40 O.S. … Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations. . . . 51 O.S.

Parks v. AIG

District Court, W.D. Oklahoma · Jun 20, 2024

Qualified Immunity Plaintiffs’ claims against all County and State Defendants raise the specter of qualified immunity. … Under its shield, “government officials are not subject to damages liability for the performance of their discretionary functions when ‘their conduct does not violate clearly established statutory or constitutional rights

Opinion No. (1997)

Oklahoma Attorney General Reports · Oct 7, 1997

Where the intent is clearly stated in the statute, no further statutory construction is necessary. Hughes Drilling Company v. Morgan, 648 P.2d 32 , 35 (Okla. 1982). … In exercising these powers, a board of county commissioners, unless otherwise prohibited by law, can establish criteria for members of the county retirement system to qualify for military service credit benefits. ¶ 10 It

First v. Hockett

District Court, N.D. Oklahoma · Feb 28, 2023

“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 … right was clearly established at the time of the alleged unlawful activity.”

State ex rel. Hampton v. Oakes

281 P.2d 749 · Supreme Court of Oklahoma · Mar 8, 1955

The well established rule of construction, as expressed in the first and fourth paragraphs of the syllabus of Board of County Commissioners of Creek County v. … We think it would be unreasonable to assume that it was the intention of the Legislature that such clearly expressed directions be ignored and effect given to statutes relative to filling vacancies in county offices, especially

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Mar 26, 2024

Qualified Immunity The affirmative defense of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments about open legal … A law is not clearly established 7 “The legally relevant factors for a qualified immunity decision will be different at the summary judgment stage – no longer can the plaintiffs rest on facts as alleged in the pleadings

Zimmerman v. Dale

District Court, W.D. Oklahoma · May 5, 2021

(Tonkovich addresses these issues in the context of defendants’ qualified immunity argument. … both that the defendant’s alleged conduct violated the law, and that the law in question was clearly established when the alleged violation occurred.

Brown v. City of Tulsa

District Court, N.D. Oklahoma · Nov 21, 2023

Plaintiff, conversely, argues that Defendant Jordan violated Plaintiff’s clearly established rights and therefore, is not entitled to qualified immunity. See Doc. 18. … prong of the qualified immunity analysis is not satisfied, and Defendant Jordan is entitled to qualified immunity.

M.J.J. v. State

74 O.B.A.J. 1766 · Court of Civil Appeals of Oklahoma · Apr 4, 2003

After the children were adjudicated deprived, the trial court established a treatment plan proposed to correct the conditions which led to the adjudication. … We find this argument has no merit. 15 While § 1912(f) clearly establishes the trial court standard of proof for termination of parental rights under the ICWA, there is no duty thereunder for the court to express in its order

Harrington v. Certified Systems, Inc.

72 O.B.A.J. 1553 · Court of Civil Appeals of Oklahoma · Aug 1, 2000

Harrington with his exclusive remedy and provided them immunity from lability "at common law or otherwise." The oil developing defendants likewise successfully argued that they also had this immunity because Mr. … Harrington does not come pensation. within the excluded employments of § 2.1. 116 The cases that have recognized that an employee can sue an employer under § 178 where the Workers' Compensation Act has not provided coverage clearly

Fields v. State

511 P.2d 1116 · Court of Criminal Appeals of Oklahoma · Jun 13, 1973

Consequently, defense counsel’s position on the search and seizure is clearly manifested as he contends the failure to prosecute the defendant for the offense of public intoxication clearly gives rise to a subterfuge. … I don’t think I would be qualified to make any physiological finding. “O. But, they do cause a physiological change in a person’s behavior ? “A. They are qualified as a central nervous system stimulant.”

Daly v. Stotts

126 F. Supp. 555 · District Court, W.D. Oklahoma · Dec 7, 1954

Symes, 10 Cir., 1942, 129 F.2d 828, 830, 831 , Judge Murrah stated: “Clearly, the gravamen of the appellant’s suit is one for malicious prosecution and false imprisonment. … “It is well established that the protection provided by the Fourteenth Amendment to the Constitution is against the acts of the States only. It does not apply to the acts of individuals. [Citing authority.]” Watkins v.

Avant v. Doke

District Court, E.D. Oklahoma · Mar 23, 2021

When a defendant asserts a qualified-immunity defense, the plaintiff must show that (1) the defendant violated a federal statutory or constitutional right; and (2) the right was clearly established at the time of the defendant … Because the right is not clearly established, defendant would be entitled to qualified immunity in his individual capacity as to this claim. The “political association” claim is dismissed.

Dunham v. Ardery

43 Okla. 619 · Supreme Court of Oklahoma · Sep 15, 1914

His jurisdiction and authority is special and limited, and herein is clearly, definitely fixed just the measure of his duty. … The duties of the clerk in the instant case are clearly quasi judicial.

Atchison v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Aug 25, 2025

QUALIFIED IMMUNITY Qualified immunity shields officers “‘from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gutierrez vy. … Once a defendant asserts qualified immunity, the plain- tiff must show that (1) a reasonable jury could find facts supporting a violation of a constitutional right and (2) the right was clearly established at the time

BAYOUTH v. DEWBERRY

550 P.3d 920 · Supreme Court of Oklahoma · Jun 11, 2024

The parties clearly contest whether Mr. Bernstein was in the course and scope of his employment when he shot the Plaintiff. … Clearly, Bayouth cannot directly sue Employer in district court for the injury covered under his AWCA claim.

Baggett v. State Election Board

501 P.2d 817 · Supreme Court of Oklahoma · Oct 5, 1972

Baggett's petition clearly discloses that he was not seeking a recount of the votes as tabulated and returned by the separate precincts, and it clearly discloses that he did not allege that fraud occurred in the election. … No competent evidence was introduced tending to establish for whom the illegal ballots were cast.

BOOTH v. HOME DEPOT

2022 OK 16 · Supreme Court of Oklahoma · Feb 15, 2022

¶12 Appellant argues that, because the Acts protect all Oklahomans from criminal actions of fraud by a retailer, public policy is clearly established. Not so. The OCPA and the HRFA are not primarily criminal statutes. … Without a clear mandate from the Legislature, the Acts do not qualify as an established public policy.