Case law

Parret v. UNICCO Service Co.

127 P.3d 572 · Supreme Court of Oklahoma · Sep 12, 2005

The phrase " 'defensive use' of the doctrine ... means that a stranger to the judgment, ordinarily the defendant in the second action, relies upon a former judgment as conclusively establishing in his favor an issue which … The text of 85 O.S.2001 § 11 clearly provides that an injury is compensable "without regard to fault” on the worker's part. . Graham v. Keuchel, 1993 OK 6 , 847 P.2d 342, 357 .

Gladstone v. Bartlesville Independent School District No. 30

74 O.B.A.J. 969 · Supreme Court of Oklahoma · Mar 18, 2003

suspect classification nor with an infringement upon a fundamental right, the rational-basis standard of review governs this dispute. 29 Rational-basis scrutiny is a highly deferential standard that proscribes only that which clearly … 118 The common-law doctrine of governmental tort immunity protects public *449 funds from claims by private persons.

In Re School District No. 62

180 Okla. 297 · Supreme Court of Oklahoma · Jun 15, 1937

appeal upon notice signed by one-fourth of the resident taxpayers in part of the territory affected, yet we conclude that school district No. 62 itself is territory affected within the meaning of the act, and that it was clearly … The notice of appeal was signed by seven qualified electors -of ‘the territory rordered *300 attached to the Tulsa school district, hut they did not constitute one-fourth of the qualified electors of school district No. 9

Savage v. Dobbertin

District Court, N.D. Oklahoma · Mar 25, 2024

qualified immunity. … “Qualified immunity protects government officials from suit for civil damages if their conduct does not violate clearly established statutory or constitutional rights.” Mayfield v.

Childers v. West Publishing Co.

195 Okla. 220 · Supreme Court of Oklahoma · Mar 13, 1945

conflict with an act of Congress approved July 30, 1886, 24 Statutes at Large, 170, prohibiting territorial legislatures from “granting to any corporation or individual or association any special or exclusive privilege, immunity … placed upon the Legislature by the affirmative, mandatory direction of article 5, sec. 43, of our State Constitution, and the details involved are purely a legislative matter which will not be disturbed by the courts unless clearly

Zink v. Milner

39 Okla. 347 · Supreme Court of Oklahoma · Jun 11, 1913

It was also shown that the father had been appointed and qualified, by the county court of Kay county, as the guardian of the person and estate of the child. … Milner rendered her better qualified to care for it than the father could possibly be.

Progressive N. Ins. Co. v. J & S Exch., Inc.

352 F. Supp. 3d 1156 · District Court, E.D. Oklahoma · Nov 7, 2018

The title of the Employer's Non-Ownership Liability Endorsement clearly reflects it is a "Liability Endorsement." … The Deffenbaugh Court found no waiver of the statutory immunity had occurred.

Hall v. Cherokee Nation

162 P.3d 979 · Court of Civil Appeals of Oklahoma · Apr 30, 2007

The Cherokee Nation asserted as its affirmative defenses: "denial of accidental injury; voluntary intoxication; assert sovereign immunity; deny jurisdiction." … The trial court further determined that it did not have jurisdiction over this claim and sustained Respondents' tribal sovereignty immunity defense.

Opinion No. (2006)

Oklahoma Attorney General Reports · Apr 14, 2006

a contract for sale although the writings of the parties do not otherwise establish a contract. … Such clauses thus essentially attempt to waive, by contract, the sovereign immunity of the State.

Taylor v. Miskovsky

640 P.2d 959 · Supreme Court of Oklahoma · Nov 24, 1981

Whether or not Appellant’s sources or files were clearly and convincingly relevant to a significant issue in the underlying lawsuit is the main issue of this appeal. … However, the record clearly shows that the authors and approver of the publications did not have prior access to or knowledge of Appellant’s confidential sources or anything contained in Appellant’s memoranda, notes, et cetera

Atchison v. City of Tulsa, Oklahoma

District Court, N.D. Oklahoma · Mar 7, 2022

Further, all defendants argue they are entitled to qualified immunity. … A plaintiff meets the second element, the clearly established prong, “when a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight of authority from other courts show that the right

Lacaze v. City of Oklahoma City

District Court, W.D. Oklahoma · Mar 29, 2024

right], which (2) was clearly established at the time of the defendant’s conduct.” … Qualified Immunity: Clearly Established Right Because Plaintiff has met his burden to show that a reasonable jury could find that Defendant Gourley discriminated against Plaintiff based upon his race in violation

Dodson v. Reed

District Court, N.D. Oklahoma · Sep 13, 2021

Qualified Immunity Eastwood also argues that she is entitled to qualified immunity from liability on Dodson’s unlawful strip search claim. … Law enforcement officers “are entitled to qualified immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time

Opinion No. 77-235 (1977) Ag

Oklahoma Attorney General Reports · Sep 20, 1977

This Section provides for the required establishment of provisions relating to teacher evaluations. … However, a "teaching principal", clearly falling within the definition of an administrator, is not required by law to possess an administrator's certificate in order to be qualified to act as a teaching principal.

Reed v. State

657 P.2d 662 · Court of Criminal Appeals of Oklahoma · Jan 25, 1983

The cases cited requiring the establishment of standards for punishment are capital cases, in which the jury was required to choose between a sentence of death and life imprisonment. See Furman v. … Furthermore, it is clearly not within the power of this Court to create a new system. That must be done by the legislature. In accordance with this opinion, the judgments and sentences are affirmed.

Burks v. State

568 P.2d 1311 · Court of Criminal Appeals of Oklahoma · Sep 7, 1977

That is, tends to establish (1) motive, (2) intent, (3) the absence of mistake or accident, (4) a common scheme or plan embracing the commission of two or more crimes so related to each other that proof of one tends to establish … We think the evidence in the instant case clearly falls within at least three, if not four of the above exceptions.

Janus v. Oklahoma Department of Wildlife Conservation

District Court, W.D. Oklahoma · Feb 8, 2021

clearly established at the time of defendant's alleged misconduct.” … Ordinarily, “[i]n this circuit, to show that a right is clearly established, the plaintiff must point to ‘a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts

Luton v. State

47 Okla. Crim. 82 · Court of Criminal Appeals of Oklahoma · Mar 18, 1930

It is clearly shown that no legal ground is set out in the motion for continuance. No diligence on the part of the defendant is shown. The motion for continuance was properly overruled. … All of the courts hold that the corpus delicti cannot be established upon the uncorroborated confession of the defendant.

Stepp v. Talihina Public School District

District Court, E.D. Oklahoma · Apr 29, 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." … As plaintiffs' right to be free from retaliation for engaging in a protected activity was clearly established at the time of the purported violations, the Count Six defendants are not entitled to qualified immunity at this

Phillips v. Sullivan

District Court, E.D. Oklahoma · Mar 6, 2023

§ 1983 on the grounds of qualified immunity. … ’s Complaint.27 Nevertheless, “[i]n an action under section 1983, individual defendants are entitled to qualified immunity unless it is demonstrated that their alleged conduct violated clearly established constitutional