Case law

Maytubby v. State

665 P.2d 849 · Court of Criminal Appeals of Oklahoma · Jun 24, 1983

Moreover, as the State established that Mr. Thompson, acting in his official capacity, could testify as to what the warrants meant and represented, we hold that he was a qualified witness within the statutes meaning. … The judgment and sentence form clearly sets the amount of restitution at $1,603.00, the amount alleged to be fraudulently obtained in the informa-tions.

Carlos v. State Farm Mutual Automobile Insurance Co.

68 O.B.A.J. 1302 · Court of Civil Appeals of Oklahoma · Sep 24, 1996

of the latter argument, Defendant attached, as an exhibit to its summary judgment reply brief, *1184 a copy of an ODOT letter stating ODOT is “self-insured” for vehicle and tort liability under a risk management program established … Roberts also is distinguishable, because the injured plaintiffs claim in that case clearly exceeded the limits of the tort-feasor’s liability insurance.

Watson v. State

7 Okla. Crim. 508 · Court of Criminal Appeals of Oklahoma · Jun 15, 1912

The evidence in the record clearly establishes the guilt of defendant, and it is with great reluctance that this office feels constrained to enter a confession of error. … The evils arising from the invasion of a right extended to the accused by written and unwritten law would far outweigh any harm arising from temporary immunity given an undeserving person.

Sulsberger & Sons Co. v. Castleberry

40 Okla. 613 · Supreme Court of Oklahoma · Feb 17, 1914

Clearly-plaintiff’s injury was not caused by any changing condition dt\e to the prosecution of the work, and he was not engaged in making an unsafe place safe. … Labatt (3 Labatt’s Master and Servant, sec. 924), “it cannot be intended to concede this unqualified immunity to the master. Such a view is expressly repudiated in many cases, and impliedly so in many others.”

Krueger v. Wagoner County Board of County Commissioners

District Court, E.D. Oklahoma · Jul 24, 2024

Crockett was not entitled to qualified immunity on the claim and denied summary judgment. The motion to reconsider this argument is not appropriate. As the court noted in the oft-cited Above the Belt, Inc. v. … Crockett argues that the court erred in finding that she was not entitled to qualified immunity on the excessive force claim because she did not place any significant amount of pressure on Mr.

Taylor v. Comanche County Detention Center

District Court, W.D. Oklahoma · Nov 25, 2020

Qualified Immunity Defendant Hobbs argues that he is entitled to qualified immunity on Plaintiff’s individual-capacity claim. … “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

OKLA. PUBLIC EMPLOYEES ASSOC. v. STATE ex rel. OKLA. TOURISM and RECREATION DEPT.

433 P.3d 353 · Court of Civil Appeals of Oklahoma · Nov 20, 2018

This is the Lake Murray Lodge Statute (LMLS). ¶26 Clearly, the Legislature intended to offer severance packages to all, i.e ., classified and unclassified employees of the OTRD. … We agree. ¶36 The trial court's ruling is erroneous because the LMLS clearly applies only to "any state lodge or park facility owned by the Department."

Howard v. Baca

District Court, W.D. Oklahoma · Mar 31, 2023

Qualified Immunity Defendants Elmore and Bolling also assert that they are immune from suit because they are entitled to qualified immunity. … must not define the relevant constitutional right ‘at a high level of generality.’”43 Instead, “the clearly established law must be particularized to the facts of the case.”44 This avoids “convert[ing] the rule of qualified

Arie v. State

1 Okla. Crim. 250 · Court of Criminal Appeals 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 thg traffic

Rudman v. Oklahoma State of

District Court, W.D. Oklahoma · Nov 18, 2022

Defendant Robinson, who is sued in her individual capacity, raises the defense of qualified immunity. … When a defendant asserts a qualified-immunity defense, the burden shifts to plaintiffs to allege facts sufficient to show “(1) that the defendant violated a constitutional or statutory right (2) that was clearly established

Baughman v. Weicker

136 Okla. 33 · Supreme Court of Oklahoma · Mar 26, 1929

‘‘As Governmental or Municipal — In General : “While in a general sense the functions of municipal corporations are all of a public natur'e, it is well recognized and generally established that a municipal corporation acts … Hence, it is an established’ rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole, and of every part of a statute taken and compared together.” 25 R. C.

Anaya-Smith v. Federated Mutual Insurance Company

District Court, W.D. Oklahoma · Sep 16, 2021

Plaintiff relies on Barfield and Torres to argue that a tortfeasor who is immune under the workers’ compensation scheme can qualify as an uninsured driver for purposes of determining UM coverage. … To recover UM benefits and succeed on her claim, Plaintiff must also establish that the decedent was insured under the policy.

Of School District No. 9 v. Jones

193 Okla. 9 · Supreme Court of Oklahoma · May 11, 1943

With reference to consolidated districts, our Legislature provided: “A special meeting of the voters of any two or more adjacent school districts or parts of districts or territory, may be called for the purpose of establishing … Without a clearly expressed intention to the contrary, we cannot presume the Legislature intended to violate or abrogate its clearly expressed intention throughout the course of its legislation on the subject.

Private Truck Council of America, Inc. v. Oklahoma Tax Commission

806 P.2d 598 · Supreme Court of Oklahoma · Mar 5, 1991

I, § 8, cl. 3, and the Privileges and Immunities Clause, U.S. Const., Art. IV, § 2, cl. 1. … B & L was not adopted by the Supreme Court, nor did it establish a new binding principle of law so as to constitute a clear change in Commerce Clause jurisprudence as established by previous Supreme Court decisions.

State v. Anderson

70 O.B.A.J. 789 · Court of Criminal Appeals of Oklahoma · Dec 9, 1998

Perry, Associate District Judge, denied the motion to quash, ruling that Appellee, although only a visitor in the residence, qualified as an “occupant” under Section 1289.25. A jury trial was subsequently commenced. … The preamble seems to clearly set forth the intent of the law — “that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.”

HILL v. AMERICAN MEDICAL RESPONSE

423 P.3d 1119 · Supreme Court of Oklahoma · Jun 26, 2018

A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with the Constitution. Id. … He asserts that mandatory use of the AMA Guides, Sixth Edition, is an arbitrarily-designed employer immunity that shifts the economic loss to an innocent injured employee.

Arkansas Louisiana Gas Company v. Maggi

409 P.2d 369 · Supreme Court of Oklahoma · Dec 21, 1965

Both the witnesses were qualified to express an opinion as to the value of land. Wichita Falls & N. W. Ry. Co. v. Harvey, 44 Okl. 321 , 144 P. 581 . … will not be disturbed on appeal unless it clearly appears that this discretion has been abused.

State Ex Rel. Rucker v. Tapp

380 P.2d 260 · Supreme Court of Oklahoma · Feb 19, 1963

On the other hand, if the phrase “in every county” had not been repeated in part (b), but was omitted therefrom, no county could qualify for the establishment of a superior court unless it fell into all three classifications … Since we have determined that Oklahoma County and Kay County do not qualify for a superior court under existing laws, considerable confusion will be created in the minds of litigants concerning the status of cases which have

Barre v. Ramsey

District Court, N.D. Oklahoma · May 3, 2022

was clearly established.” … The Court need not, and does not, reach the clearly established prong of qualified immunity analysis. 4.

In Re Fox'Estate

365 P.2d 1002 · Supreme Court of Oklahoma · Oct 31, 1961

He, however, declined to qualify and serve in said capacity. Thereafter, and on January 7, 1953, J. Fred Green, who was not related to ward, was appointed guardian and promptly qualified. Mr. … court are clearly against the weight of the evidence.