Case law

Silmon v. Rahhal

178 Okla. 244 · Supreme Court of Oklahoma · Sep 29, 1936

We cannot agree that Congress intended that orders approving deeds should be placed upon a higher level than judgments of courts of general jurisdiction by making them immune to collateral attack even in instances where want … However, by the agreed statement of facts filed in the trial court, the plaintiff, the one seeking to establish the validity of the order, has admitted that the deceased allottee was a resident of Pittsburg county at the

Walker v. City of Moore

63 O.B.A.J. 1518 · Supreme Court of Oklahoma · May 19, 1992

This is so because a broad interpretation would completely eradicate the government’s general waiver of immunity. … Almost all acts of government employees involve some element of choice and judgment and would thus result in immunity if the discretionary exemption is not narrowly construed.

Matter of Adoption of DMJ

741 P.2d 1386 · Supreme Court of Oklahoma · Nov 27, 1985

Assuming, but without so deciding, that the Nation was entitled to receive notice in this case, such notice was clearly sufficient. … I would find the hearing determining Dewana eligible for adoption without appellant's consent is clearly within the ambit of the statutory definition of a child custody proceeding.

Toxic Waste Impact Group, Inc. v. Leavitt

65 O.B.A.J. 4214 · Supreme Court of Oklahoma · Dec 20, 1994

We first note that the party invoking a court’s jurisdiction has the burden of establishing his or her standing (when contested) to pursue the action in court. Lujan v. … The Legislature clearly has the authority to grant standing to someone by statute and has done so in other contexts. See e.g. Northwest Datsun v.

Walbridge v. City of Oilton, Oklahoma

District Court, N.D. Oklahoma · May 30, 2025

Bond, 595 U.S. 9, 12 (2021) ("The doctrine of qualified immunity shields officers from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable … "To survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts that show—when taken as true—the defendant plausibly violated his constitutional rights, which were clearly established

First of McAlester Corp. v. Oklahoma Tax Commission

709 P.2d 1026 · Supreme Court of Oklahoma · Jul 2, 1985

See also Federal Tax Immunity; Memphis Bank & Trust Co. v. Garner; Washington v. United States, 37 Tax Law 375 (1984). … Maryland, 17 U.S. (4 Wheat.) 316 , 4 L.Ed. 579 (1819) established the constitutional doctrine of tax immunity derived from the Borrowing and Supremacy Clauses that, “States may not impose taxes directly on the Federal Government

Hathaway v. State ex rel. Medical Research & Technical Authority

73 O.B.A.J. 1853 · Supreme Court of Oklahoma · Jun 18, 2002

The State answered, responding affirmatively that: 1) the State was not negligent and therefore not liable; 2) the claim is barred or reduced by the Governmental Tort Claims Act; and, 3) the State is immune from lability … This novel point of procedure was not previously an established legal principle nor is there extant case law from which the legal principle could have been divined.

BURGIN v. LEACH

320 P.3d 33 · Court of Civil Appeals of Oklahoma · Jan 21, 2014

Further, the standard of care required to establish liability is not ordinary negligence but reckless disregard for the rights of others. § 11-106(E). … Whether a defendant is properly using audible signals or flashing lights are factors that determine whether the driver qualifies for the privilege. See Blackburn v.

Sharp v. 251st Street Landfill, Inc.

67 O.B.A.J. 2930 · Supreme Court of Oklahoma · Oct 1, 1996

Central Oklahoma Master Conservancy Dist., 441 P.2d 452, 459 (Okla.1968) (affirmance proper unless judgment clearly against weight of evidence, contrary to law or established principles of equity). … In our view, he was qualified by virtue of a mixture or combination of the five factors.

Bruner v. United States

340 F. Supp. 2d 1204 · District Court, N.D. Oklahoma · Aug 16, 2004

The Creeks, at the time of the establishment of the United States Government, inhabited a territory in the southeastern United States. 2. … The Court indicated that immunity was removed from the Indians, and declined to infer immunity “from mere congressional silence.” Id. at 366-67 , 69 S.Ct. 561 . Squire v.

Bostic v. City of Jenks

District Court, N.D. Oklahoma · Jun 9, 2020

rights were clearly established. … Plaintiff’s entire argument as the second prong of the qualified immunity analysis is that investigative detentions constitute the seizure of a person under the Fourth Amendment and it is clearly established that an investigative

Bryson v. OKL. CTY. EX REL. OKL. CTY. DETENTION CET.

261 P.3d 627 · Court of Civil Appeals of Oklahoma · Jun 30, 2011

City of Oklahoma City, 2009 OK 4, ¶ 20 , 212 P.3d 1158 , 1167: To construe § 155(4) as providing blanket immunity to political subdivisions for any claim arising from law enforcement would not conform to established precedent … Although the Fourth Amendment is made applicable to the states through the Fourteenth Amendment, the United States Supreme Court clearly established in Graham that the Fourth Amendment is the substantive law providing a basis

Simmons v. State

94 Okla. Crim. 18 · Court of Criminal Appeals of Oklahoma · Mar 21, 1951

Simmons, could not waive her husband’s right of immunity from an unlawful search and seizure of her husband’s home. On this premise he was eminently correct. See Carignano v. State, 31 Okla. … He testified clearly and convincingly that the crime of burglary had been committed by some one by unlawfully breaking and entering, and stealing and carrying away merchandise of C. R. Anthony & Company.

Oklahoma Stockyards Nat. Bank v. Pierce

114 Okla. 25 · Supreme Court of Oklahoma · Nov 24, 1925

If the return of this officer may be attacked at all, it may be done by the oral testimony of the defendant in error, and if not, the return must be held immune from attack. … public policy will be fully satisfied and the ends of justice met by admitting extrinsic evidence to contradict the officer's r.eturn of service and the recital in a judgment of service, when the facts and circumstances clearly

Manhattan Construction Co. v. District Court of Oklahoma County

517 P.2d 795 · Supreme Court of Oklahoma · Dec 26, 1973

Manhattan asserts that the uncontrovert-ed facts established through the deposition of Casey, clearly show that Dolese was a subcontractor or independent contractor for Manhattan and therefore was secondarily liable under … The salient question in the case was the determination of the test under Oklahoma law to establish secondary liability under the Workmen’s Compensation Laws.

Porter v. Crow

District Court, N.D. Oklahoma · Feb 10, 2020

were clearly established at the time of violation.” … And because “qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law,’” the Supreme Court has “repeatedly told courts . . . not to define clearly established law at a high level

Henley v. Henley

428 P.2d 258 · Supreme Court of Oklahoma · May 9, 1967

Although the record does not necessarily establish that wife is unemployable and will remain unemployable, it does establish that she will require continued medication for her epilepsy. … For more than twenty-two years while she was married she was not employed outside the home and the evidence does not disclose that she is qualified to perform any particular form of employment.

Riddle v. State

288 P.2d 761 · Court of Criminal Appeals of Oklahoma · Oct 5, 1955

Hence, his qualifications were not properly established. … It appears herein, that Officer Haddock was not so qualified.

Shoffner v. Smith

155 Okla. 43 · Supreme Court of Oklahoma · Dec 1, 1931

Most clearly the approval of the contract in a case of this character calls for discretion of the highest order. … The office of superintendent of public instruction for a county is clearly perpetuated in article 17, sec. 2, of the Constitution. Section 10311, C. O.

Young v. Mid-Continent Casualty Co.

743 P.2d 1084 · Supreme Court of Oklahoma · Oct 6, 1987

In Beavin, 8 this Court did make inquiry into the intent of the Legislature in enacting 47 O.S. 1981 § 7-601, and stated: From the language of § 7-601, the Legislature has clearly established a comprehensive compulsory liability … Martin, 676 P.2d 1366 (Okla.1984) where this Corut abrogated the rule of parental immunity on policy grounds very similar to the Court’s reasoning in Mutal of Enumclaw v.