Case law

Hutto v. Davis

972 F. Supp. 1372 · District Court, W.D. Oklahoma · Aug 1, 1997

Genuine disputes of material facts also preclude summary judgment on their defense of qualified immunity. … The law was clearly established in 1995 that deliberate indifference to a pretrial detainee's serious medical need violates the Constitution.

Garrett v. State

74 Okla. Crim. 78 · Court of Criminal Appeals of Oklahoma · Feb 25, 1942

Raymond Farrias, called as a witness by the state, testified, without claiming immunity, that he and Waid-ner had stolen certain property and sold it to defendant. … We may remark here that the state only demands the punishment of a citizen when his guilt has *86 been clearly established according- to the forms and rules of law prescribed for ascertaining, his guilt.

Wilson v. Prudential Insurance Company of America

528 P.2d 1135 · Court of Civil Appeals of Oklahoma · Nov 14, 1974

Plaintiffs allege in their Proposition I that “the sustaining of Defendant’s Demurrer to its Petition is clearly against the weight of authority under Oklahoma law, .” … Such a restruct-ing of the sentence would do violence to the contract language and would be in violation of established grammatical rules of construction.

Morris v. City of Tulsa

District Court, N.D. Oklahoma · Jul 29, 2020

The individual defendants argue that they are entitled to qualified immunity, because Morris cannot show that his constitutional rights were violated or that his rights were clearly established when the incident giving rise … The Tenth Circuit applies a two-step analysis to determine if a defendant is entitled to qualified immunity.

E. Van Winkle Gin & MacHine Works v. Brooks

53 Okla. 411 · Supreme Court of Oklahoma · Jan 11, 1916

great extent, entitled to act upon the assumption that instrumentalities purchased from persons whose business it is to manufacture them are in a sound condition when they are first put in use (see section 153, ante), he clearly … would not be justified in acting upon the assumption that a servant who seeks a position is qualified for it.

SMITH v. HAMMOND & ASSOCIATES

358 P.3d 962 · Court of Civil Appeals of Oklahoma · Sep 11, 2015

The alleged malpractice harm (loss of Smith's bankruptcy homestead exemption) and thus damage to Smith occurred when Hammond filed her bankruptey before Smith had established two-year residency in Oklahoma to qualify for … Smith could not qualify for the exemptions. an

State Ex Rel. Oklahoma Bar Ass'n v. Dobbs

75 O.B.A.J. 1739 · Supreme Court of Oklahoma · Jun 15, 2004

Clearly, there was a prior relationship between the two men for the mayor to have called respondent in the first place. … was established early in English common law.

Crocker v. Regalado

District Court, N.D. Oklahoma · May 16, 2019

Constitutional Claim Against Regalado and BOCC Glanz moved to dismiss the complaint under Rule 12(b)(6) based on qualified immunity. … In denying Glanz’s Motion to Dismiss, the court determined that Glanz had failed to “argue that the alleged violation of Grant’s constitutional rights was not clearly established,” and therefore “focuse[d] [its analysis

Ciempa v. Del City City of

District Court, W.D. Oklahoma · Oct 20, 2020

Williams and Keester have now countered with a motion for summary judgment of their own, arguing that the undisputed, material facts demonstrate that they are immune from suit under the doctrine of qualified immunity. … statutory right, and, if so (2) that the right was clearly established at the time of the defendant’s unlawful conduct.”8 If the plaintiff fails to prove either, the defendant is entitled to qualified immunity.9

Parker v. Allbaugh

District Court, W.D. Oklahoma · Nov 14, 2019

the service – and that the failure to do so caused him to lose a nonfrivolous habeas case, in violation of his clearly established right of meaningful access to the courts. … The Court finds these conclusory allegations are insufficient to state a § 1983 claim against Defendant Allbaugh and to overcome his qualified immunity defense.

Daily Leader v. Cameron, Auditor

3 Okla. 677 · Supreme Court of Oklahoma · Sep 7, 1895

by the government of the United States through the printed instructions of the secretary of the interior to the secretary of the territory for territorial printing, unless the price is otherwise established by the Territorial … The position of public printer may or may *681 not be an office; the name does not necessarily imply an office, and if it is such, it is clearly a creation of statute.

Opinion No. 78-180 (1978) Ag

Oklahoma Attorney General Reports · Jun 30, 1978

of statutory exception or statutory provision for reinstatement, an agent transferred pursuant to 74 O.S. 150 .14 [ 74-150.14 ] (1977) who voluntarily terminates employment must possess the statutorily required degree to qualify … The new degree requirement specified in 74 O.S. 150 .8 [ 74-150.8 ], paragraph A is clearly an objective eligibility qualification for those applying for appointment as agent and subsequent applicants may not evade this educational

Gaines v. COMANCHE COUNTY MEDICAL HOSPITAL & NURSEFINDERS, INC.

143 P.3d 203 · Supreme Court of Oklahoma · Jun 13, 2006

Pikeville United Methodist Hospital of Kentucky, Inc., 50 Fed.Appx. 193 -94 (6th Cir.2002) [Finding that nurse not qualified to present expert testimony as to cause of staph infection not clearly erroneous where nurse denied … Paulyne’s Nursing Home, Inc., 95 S.W.3d 416, 421 (Tex.App.2002), rehearing overruled (2003) [Summary judgment affidavits insufficient to establish that nurses were qualified to give expert testimony.]; Stryczek v.

Swanegan v. State

743 P.2d 131 · Court of Criminal Appeals of Oklahoma · Sep 22, 1987

The trial judge must clearly explain to the defendant the inherent disadvantages in such a waiver, including a lack of knowledge and skill as to rules of evidence, procedure and criminal law. … The record must establish that ‘he knows what he is doing and his choice is made with eyes open.’ The defendant should be especially aware of the rules promulgated in Parker v.

Wilson v. Fallin

262 P.3d 741 · Supreme Court of Oklahoma · Sep 1, 2011

Laws, p. 736, to establish constitutional reapportionment formulas for both houses. … Senator Wilson initiated this proceeding as a qualified elector, not in his official capacity as a state senator.

Opinion No. (1979)

Oklahoma Attorney General Reports · Apr 11, 1979

Such persons shall be required to qualify to perform said additional duties by satisfactorily completing a course of training prescribed by the Commissioner. … or remuneration would be justified when a "Water Enforcement Officer" qualified for or performed his statutorily delineated, secondary duty.

Alexander v. Smith & Nephew, P.L.C.

98 F. Supp. 2d 1310 · District Court, N.D. Oklahoma · Jun 6, 2000

Farrar does not qualify as an expert to testify as to the causation of *1315 Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Public Service Co. of Oklahoma v. State Ex Rel. Oklahoma Corp. Commission

115 P.3d 861 · Supreme Court of Oklahoma · Jul 13, 2005

Further, PURPA and the FERC implementing regulations clearly assign the QF purchase obligation to electric utilities. … against qualifying cogenerators or qualifying small power producers.

Thomas v. Reid

142 Okla. 38 · Supreme Court of Oklahoma · Jan 21, 1930

The, purpose of that requirement is clearly to prevent the incurring of indebtednes in excess of income and revenue and has no application to the facts in this case. This court in Williams v. … Society for Establishing Useful Manufactures, 24 N. J.

Sutherland v. Saint Francis Hospital, Inc.

595 P.2d 780 · Supreme Court of Oklahoma · Feb 6, 1979

protection afforded an entrant broadens or narrows with the beneficial interest of the possessor in the presence of the other upon the land. 2 This has been the common law approach ever since landlord’s sovereignty and immunity … A different rule of liability for negligent acts and for negligence in maintaining conditions would clearly distort common law symmetry and the policy underlying its time-honored rules.