Case law

Richards v. City of Lawton

629 P.2d 1260 · Supreme Court of Oklahoma · Jun 9, 1981

Rather, they clearly appear to provide an additional statutory cause of action, independent of fault, for damages to improvements only. 4 7. … common-law negligence, we need not reach the issue whether § 82 may ever be invoked as a basis for imposing liability for damages to unimproved (raw or vacant) land as well as to improvements thereon. 5 .The concept of municipal immunity

Leppke v. State

559 P.2d 459 · Court of Criminal Appeals of Oklahoma · Jan 24, 1977

The court granted the witness immunity from prosecution after he pleaded the Fifth Amendment. … In Collier the accomplice was given immunity from prosecution to testify against the defendant.

Opinion No. 71-104 (1971) Ag

Oklahoma Attorney General Reports · Jan 20, 1971

Clearly contemplates that the position to which a person has been duly elected is vacated by the previous Board member as of the date of the election and the taking of the oath of office. … Article XIII , Section 1 of the Oklahoma Constitution vests plenary power in the Legislature to establish and maintain a system of education.

GOWENS v. BARSTOW

364 P.3d 644 · Supreme Court of Oklahoma · Dec 15, 2015

The appellate court found under current case law and the GTCA, NRH was immune and therefore reversed both of the trial court's orders. On April 21, 2015, Ms. … Barstow's actions were reckless then it is immune from respon-deat superior liability.

Cooper v. Millwood Independent School District No. 37

66 O.B.A.J. 18 · Court of Civil Appeals of Oklahoma · Aug 2, 1994

Courts do not read immunity into the exemption provisions if they are silent, doubtful or ambiguous as applied to any particular circumstances. Gunn v. Consolidated Rural Water & Sewer, 839 P.2d 1345 (Okla.1992). … Cooper’s Petition clearly links Neal’s legal duties, and the alleged breach of those *1375 duties, to Neal’s operation of Millwood’s bus.

Expungement of the Record of Holder v. State

219 P.3d 562 · Court of Civil Appeals of Oklahoma · Dec 3, 2008

Oklahoma State Bureau of Investigations (OSBI) objected to each motion, asserting Holder did not qualify for expungement under Oklahoma law because he had been convicted of more than one (1) offense. … It is clearly intended to aid those who are acquitted, exonerated, or who otherwise deserve a second chance at a 'clean record."" McMahon, 1998 OK CIV APP 103, at ¶ 9 , 959 P.2d at 609 .

Fuller v. Board of Education

65 O.B.A.J. 2099 · Court of Civil Appeals of Oklahoma · Mar 1, 1994

Although the court did not specify which six voters were not qualified to vote or which four voters it found had questionable qualifications, it is clear that the fact determination is not clearly against the weight of the … This witness was qualified to vote in the election. II.

Warren v. Green

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.

Chrysler Credit Corp. v. Ferguson Pontiac-GMC, Inc.

64 O.B.A.J. 1791 · Court of Civil Appeals of Oklahoma · Mar 9, 1993

Clearly, Wilkersons had a right to the eleven cars, and Chrysler’s security interest attached to that right. The question is Chrysler’s priority. … Ferguson contends the evidentiary material establishes as a matter of law that Chrysler was not in good faith when it advanced funds to Wilkersons on these eleven vehicles.

SHADID v. CITY OF OKLAHOMA CITY

2019 OK 65 · Supreme Court of Oklahoma · Oct 14, 2019

This amendment creates a temporary term (8 year) excise tax of 1% to begin April 1, 2020, if approved by a majority vote of qualified, registered voters of Oklahoma City. … (c) The City Council shall by resolution establish a Citizens Sales Tax Advisory Board.

Empire Refineries, Inc. v. Atchison, T. & S. F. Ry. Co.

91 Okla. 171 · Supreme Court of Oklahoma · Jul 3, 1923

While this question is one upon which there is a conflict of authority, we are clearly of the opinion that the service was sufficient. … Such a radical departure from the established concepts of legal liability would at least approach the verge of constitutional power. It should not he made in the absence of compelling language. United States ex rel.

STATE v. SHADE

407 P.3d 790 · Court of Civil Appeals of Oklahoma · Nov 16, 2017

Hence, 18 merely sets forth who qualifies to file a motion for expungement. … Nevertheless, a petitioner must establish that "one of the 18 circumstances is shown to exist,” and only then is "a prima facie showing of harm ... made.” Holder, ¶ 5.

Brown v. Benton

452 F. Supp. 28 · District Court, W.D. Oklahoma · Mar 30, 1978

that he was not qualified to perform the responsibilities enumerated above. … Plaintiff has thus failed to prove that race was any basis for his termination and the evidence clearly establishes defendant’s nondiscriminatory reason for it.

Driskill v. Board of Regents of the University of Oklahoma

District Court, W.D. Oklahoma · May 14, 2021

There is no dispute that Eleventh Amendment immunity has not been waived. … The first step of that framework—establishing a prima facie case of employment discrimination—requires the plaintiff to allege: (1) she is disabled under the Act; (2) she would be “otherwise qualified” to participate

Trust Co. of Oklahoma v. State Ex Rel. Department of Human Services

62 O.B.A.J. 3763 · Supreme Court of Oklahoma · Dec 17, 1991

The medically needy become eligible for medicaid benefits when their income and assets are reduced by incurred medical expenses that reduce their income and assets below certain established levels. Ramsey v. … For purposes of the previous sentence, the term ‘grantor’ means the individual referred to in paragraph (2). (2) For purposes of this subsection, a ‘medicaid qualifying trust1 is a trust, or similar legal device, established

Winfield v. State

44 Okla. Crim. 232 · Court of Criminal Appeals of Oklahoma · Aug 31, 1929

The defendant next contends that the court erred in admitting incompetent evidence against the defendant, which was clearly prejudicial to his substantial rights. … This was a privilege accorded to Jones, not to the defendant, but by section 27 of article 2, supra, it is'specifically provided: “Any person having knowledge or possession of facts that tend to establish the guilt of any

Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma City

66 O.B.A.J. 2037 · Supreme Court of Oklahoma · Jun 20, 1995

The Legislature has created classes of taxpayers for purposes of state income tax 17 and for exemptions from state sales tax. 18 In some instances, this is accomplished in a procedure similar to the one a qualified person … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

International Ladies' Garment Workers' Union, AFL v. Seamprufe Inc.

130 F. Supp. 737 · District Court, E.D. Oklahoma · Mar 31, 1955

enforcement of the instant ordinance. 4 In addition, it is fundamental that where the state court has not interpreted a local law, such as the one in view, and where local administrative officers have not by enforcement clearly … Plaintiff association was dismissed for the reason that only natural persons are entitled to the privileges and immunities offered by section 1 of the Fourteenth Amendment; and, defendant corporation was dismissed inasmuch

Board of Com'rs of Garfield County v. Worrell

33 Okla. 390 · Supreme Court of Oklahoma · Aug 20, 1912

Laws 1905, c. 33, art. 1, pp. 358, 362), provides for the formation of consolidated school districts by the voluntary disorganization and consolidation of adjacent school districts, the establishment of consolidated schools … Laws 1910, amending the act of 1897 (Laws 1897, c. 34, art. 5, sec. 1), clearly vests the authority in the county superintendent to divide the county into a convenient number of school districts and to change such districts

Taylor v. James Thomas

District Court, N.D. Oklahoma · May 4, 2020

Because Thomas raises a qualified immunity defense, “the onus is on the plaintiff to demonstrate (1) that [Thomas] violated a statutory or constitutional right, and (2) that the right was clearly established at the time … [the court] proceed[s] no further on the qualified immunity issue.”). B.