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Oklahoma Assault and Battery Law
 
Jerry Smith v. Pioneer Masonry, Inc.

¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a... More...
   $0 (11-16-2009 - OK)

Lisa Nicole Bridges v. Brandon Yeager

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Delia Berglund v. Pottawatomie County Board of Commissioners

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

Christopher Chase Spencer v. Jeff Landrith, City of Mustang, et al.

Christopher Chase Spencer appeals from the district court’s order granting summary judgment in favor of the City of Mustang, Oklahoma; various City officials and officers (the City defendants); and a local private resident on his federal claim under 42 U.S.C. § 1983 and dismissing without prejudice his state-law claims. We affirm.

BACKGROUND

Factual Basis On May 17, 2004, seventee... More...
   $0 (02-27-2009 - OK)

Brian Thomas Lowery v. State of Oklahoma

¶1 Brian Thomas Lowery was tried by jury and convicted of Indecent Exposure, under 21 O.S.Supp.2003, § 1021 (Counts I, II, III, VII, and IX); First-Degree Burglary, under 21 O.S.2001, § 1431 (Count IV); Lewd Molestation, under 21 O.S.Supp.2003, § 1123 (Count VI); and Assault and Battery (misdemeanor), under 21 O.S.Supp.2005, § 644 (Count X), in Tulsa County District Court, Case No. CF-2005-4... More...   $0 (09-25-2008 - OK)

Stephen Coble v. Christopher Shannon Shepard

¶1 Plaintiff/Appellant Stephen Coble seeks review of the trial court's order granting judgment against Defendant/Appellee Christopher Shannon Shepherd, but allowing Shepherd a credit for restitution he paid in a related criminal prosecution. We hold the trial court did not err, and the order of the trial court is affirmed.

¶2 Brothers-in-law Coble and Shepherd fought. Shepherd later plead... More...
   $0 (07-18-2008 - OK)

Eddie Robertson Jr. v. REMCO Security

Eddie Robertson Jr. and his mother Charlene Robertson sued REMCO Security and security guard Michael Harris on a civil assault and battery theory for the injuries and damages that they claimed that they sustained as a result of Eddie being shot by Harris in the Sparkle Market parking lot at Austin Village Plaza in 2004. Harris demanded leave the store where he had gone to shop for picnic supplied ... More...   $125000 (04-26-2008 - OK)

Luis Maurico Ochoa v. Bass

1 Petitioners, Luis Maurico Ochoa and Gregorio Robles, through counsel, have made application to this Court for writs of habeas corpus and prohibition in connection with commitment orders issued by Respondent, the Honorable Jerry D. Bass, District Judge, in Oklahoma County District Court, Case Nos. CF-2007-1173 and CF-2007-2987. Both the named Respondents have filed response briefs, the Oklahoma... More...   $0 (03-12-2008 - OK)

State of Oklahoma v. Tommy Weldon Robbins

The State of Oklahoma charged Tommy Weldon Robins with assault and battery with a dangerous weapon, after three former convictions, on October 19, 2007 in Pushmataha County, Oklahoma, without justifiable or excusable cause with intent to do bodily harm.

Defendant pleaded "not guilty" but did not testify his own defense.... More...   $0 (03-12-2008 - OK)

Taria Butler v. City of Tulsa, et al.

Plaintiff-appellant Taria Butler, a prisoner of the State of Oklahoma appearing pro se, appeals from the district court's grant of summary judgment in favor of defendants-appellees in this civil rights suit filed under 42 U.S.C. § 1983.(1) We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

On August 13, 2002, at 3:25 a.m., appellee James Stump, a Tulsa police officer, was dispatc... More...   $0 (11-03-2006 - OK)

Paul Jackson and Melissa Jackson v. Gary Russell Hefner

Paul and Melissa Jackson sued Gary Hefner on intentional infliction of emotional distress and assault and battery theories claiming that they were harmed by Defendant's behavior.

Defendant denied wrongdoing.... More...   $1700 (06-20-2006 - OK)

Callie Escue v. Northern Oklahoma College and Richard Finton

Callie Escue, formerly a student at Northern Oklahoma College (NOC), alleges that Richard Finton, her professor in spring 2002, sexually harassed her, and that NOC failed to supervise and investigate adequately Mr. Finton in this, and other prior incidents. The district court granted NOC's motion for summary judgment, and a jury found in favor of Mr. Finton. Here, Ms. Escue appeals the district... More...   $0 (06-16-2006 - OK)

Stephen Coble v. Christopher Shepherd

Assault and battery, civil; The parties admit that on the evening of October 18, 2003 and the early norning of October 19, 2003, plaintiff and defendant were brothers-in-law, as plaintiff was married to defendant's sister. Plaintiff and defendant were out socially on the night in question and were sharing a taxi on the way to plaintiff's home in Wagoner County. Plaintiff claims that he sustained... More...   $8776 (05-24-2006 - OK)

Glen H. Rodebush, et al. v. Oklahoma Nursing Homes, Ltd.

�1 The jury concluded that an intoxicated nurse's aide slapped an Alzheimer's patient in the face while bathing him, and awarded punitive damages in the sum of $1.2 million against the nursing home. The nursing home appeals. We affirm.

�2 The defendant's theories on appeal are these: (1) as employer it must not be held responsible for the intentional tort of its employee; (2... More...   $51200000 (12-14-1993 - OK)

State of Oklahoma vs. Michael Pointer

Plaintiff was charged with domestic assault and battery. The alleged victim admitted that she was grabbing at the defendant and that he shoved her back. Defendant claimed alleged victim attacked him and that he was using self defense. Parties argued over a rental payment.

Alleged Victim wanted defendant to pay her rent? Defendant told her to get her stuff and get out. Defendant picked u... More...   $0 (12-22-2005 - OK)

State of Oklahoma vs. Alexander Frazier

Defendant was charged with misdemeanor domestic assault and battery.

Judge did not allow a jury instruction on self defense because defendant testified he "accidentally" may have made some contact with victim with the back of his hand when he was blocking her from spitting on him and the baby. Must use magic words "I was defending myself" in order to try to get a jury instruction on self de... More...   $0 (12-22-2005 - OK)

David Marrs, Individually and as Personal Representative of Brenda Marrs, Deceased v. Robert C. Haas, M.D. and Heart Center of Tulsa, Inc

Medical Malpractice - Brenda Marrs presented to the St. John Medical Center emergency room on September 17, 1998, complaining of weakness, nausea and chest pains. The parties further admit that Brenda Marrs underwent an angiogram and ratablational atherectomy on September 18, 1998, performed by defendant Dr. Haas. The parties admit that Ms. Marrs later fell into a coma and expired on September 2... More...   $0 (01-12-2006 - OK)

Walters v. J.C. Penney Company, Inc.

The sole issue tendered on certiorari is whether the nisi prius court erred when it gave summary judgment to the defendants on the false imprisonment claim. We answer in the affirmative. Although, like the Court of Civil Appeals [COCA], we reverse the trial court's disposition, today's resolution is effected by legal conclusions that differ from those reached by the appellate court's pronouncem... More...   $0 (12-01-2003 - OK)

State of Oklahoma v. David Brent Humphreys

Criminal Law - Felony: Aggravated Assault and Battery - Domestic... More...   $0 (11-21-2003 - OK)

IN RE ADOPTION OF C.D.M.

1 Two issues are presented: 1) whether a father who was denied visitation and who was incarcerated for stalking and assaulting the mother and violating a victim's protective order (VPO) which was entered to protect the child and its mother from the father's acts of violence may rely on court orders to excuse his lack of relationship with the child; and 2) whether sufficient evidence was present... More...   $0 (12-05-2001 - OK)

Pamela Smith v. Don Cochran

Defendant Don Cochran appeals the district court's denial of qualified immunity in this 42 U.S.C. § 1983 action. Plaintiff Pamela Smith brought this action in the United States District Court for the Northern District of Oklahoma alleging violation, inter alia, of her Eighth Amendment right to be free from the use of excessive force against her. We have jurisdiction pursuant to 28 U.S.C. § 1291... More...   $0 (08-13-2003 - OK)

Matthew J. Beaudry, et al. v. Corrections Corporation of America, et al.

Plaintiffs, two inmates of the Wisconsin Department of Corrections, brought a claim under 42 U.S.C. § 1983 seeking damages for the alleged violation of their rights under the Eighth Amendment stemming from injuries sustained when defendants locked them in their cells and sprayed them with tear gas during a riot at the North Fork Correctional Facility (NFCF) in Sayre, Oklahoma. In addition to th... More...   $0 (06-19-2003 - OK)

Lance Mixon v. Shane Franics, West Side Gentleman's Club, Jerry Pennington and The Board of County Commissioners of Tulsa County, Oklahoma

Excessive use of force and assault and battery claims by patron of the West Side Gentleman's Club in Tulsa, Oklahoma who claimed that he was initially assaulted by club security guard Jerry Pennington on September 2, 2000. Lance Mixon went to the club early the previous evening and struck up a conversation with one of the Club's dancers. He claimed that they agreed to meet after closing to go to... More...   $19501 (04-04-2003 - OK)

State of Oklahoma v. Udell McCormick, Jr.

Count 1: Possession of a controlled dangerous substance with intent to distribute (cocaine) in violation of 61 O.S. 2-401, et seq.

Count 2: Aggravated Assault and Battery on a Police Office in violation of More...   $0 (02-13-2003 - OK)

State of Oklahoma v. Christian Tucker Huddleston

ABDGR, ASSAULT & BATTERY WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645,652,653,681 Date of Offense: 11/17/2000; ABDOM, ASSAULT AND BATTERY - DOMESTICDate of Offense: 11/17/2000; and Count as filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645,652,653,681 Date of Offense: 11/17/2000.... More...   $0 (02-28-2003 - OK)

Dempsey Keach Ballard v. Independent School District No. 4 of Bryan County, Oklahoma, et al.

The United States Court of Appeals for the Tenth Circuit, on its own motion pursuant to 10th Cir. R. 27.1 and Okla. Stat. tit. 20, §§ 1601-11, hereby certifies to the Oklahoma Supreme Court the following unsettled question of state law which may determine the outcome in the above-captioned action:

Whether a teacher's unexecuted threat to physically assault the school superintendent and a... More...   $0 (02-27-2003 - OK)

State of Oklahoma v. James Ellis Short

Assault and battery with a dangerous weapon, possession of a fire arm, eluding a police officer, and possession of a controlled dangerous substance.... More...   $0 (02-28-2003 - OK)

Gary Hammons v. Jack Randall Love

Civil assault and battery claim.... More...   $10000 (01-28-2003 - OK)

State of Oklahoma v. Udell Mc Cormick Jr.

Possession of Controlled Dangerous Substance with intent to distribut (cocaine), schedule II in violation of 63 O.S. 2-401 - 2-410 and two counts of aggravated assault and battery on a police officer in violation of More...   $0 (02-13-2003 - OK)

The State of Oklahoma v. Stanley Shawn Treat

Defendant was charged with assault and battery with a dangerous weapon on one Jayson Lee Jackson on March 8, 2001. First degree burglary of the home of Priscilla Coats by forcibly breaking open the front door of Coats' residence in Tulsa, Oklahoma. First degree murder of Jayson Lee Jackson by shooting him during the burglary. Defendant was also charged with feloniously pointing a weapon (handgun... More...   $0 (11-26-2002 - OK)

Brandon McKnight v. Corrections Corporation of America

Brandon McKnight was a prisoner in the Tulsa County Jail (David L. Moss Corrections Center) that is managed by Corrections Corporation of America (CCA) in January 2001. He became involved in a dispute with Joshua Cudjoe. One of CCA's corrections officers told a fellow officer not to place Cudjoe in the same cell with McKnight. Plaintiff claimed that Cudjoe assaulted and battered him when they w... More...   $1 (12-30-2002 - OK)

Veronica Wilson, et ux. v. Kenneth Muckala, M.D., et al.

Plaintiffs sought to recover on several claims stemming from alleged incidents of sexual harassment against an individual doctor, the hospital where Plaintiff and doctor worked, hospital board members, and former owners. The district court granted summary judgment in favor of several Defendants, and the jury ultimately found for the remaining Defendants on all counts except negligent infliction of... More...   $40000 (08-22-2002 - OK)

State of Oklahoma v. Homer Price

Defendant was charged with assault and battery with a dangerous weapon in violation of 21 O.S. 645; pointing a dangerous weapon in violation of 21 O.S. 1279<... More...   $0 (05-13-2002 - OK)

State of Oklahoma v. Christopher Wilson

First degree burglary in violation of 21 O.S. 1431; Domestic Assault and Battery in violation of 21 O.S. 664 C; Violation of a Domestic Protective Order in violation of More...   $0 (05-09-2002 - OK)

Ramon Mendez v. Scott Brown, et al.

Plaintiff Ramon Mendez appeals from the district court's grant of summary judgment, in accordance with a local rule, because of his failure to respond to defendants' summary judgment motion, and from the court's denial of his motion for reconsideration. For the reasons stated below, we affirm.

Plaintiff brought this action against defendants under 42 U.S.C. § 1983 and state law alleging vio... More...   $0 (04-27-2001 - OK)

Deronn Wrather, et al. v. City of Tulsa

Civil Rights Claim - 42 U.S.C. 1983 - First Amendment - This action was brought by Deronn Wrather, Stephen Williams and Vincent Turner for monetary damages for violation of their civil rights under the first, fourth, fifth and fourteenth amendments under the Constitution of the United States of America. Plaintiffs are also seeking damages for supplemental state claims of assault and battery, mal... More...   $175000 (04-15-2002 - OK)

State of Oklahoma v. Kassa Tafari aka Monshi H. Lggrke aka Monsi Lggrke Tafari aka Monsi XIX Lggrke aka M. Kasas Tafari

Kidnapping and assault and battery - domestic. Defendant met his victim at the Adam's Mark where she was a pianist. They had dinner on a couple of occassions. On their last date, defendant demanded that the victim have sex with him and when she refused he knocked her down and split her head open. He then held her against her will until, while driving around, she ran her car into a Bixby, Oklah... More...   $13000 (03-15-2002 - OK)

Whitebird v. Snider

Pro se petitioner Daryl Dean Whitebird, an Oklahoma state prisoner, seeks a certificate of appealability ("COA") to appeal the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court did not reach the merits of Whitebird's habeas petition--insufficient evidence for conviction, actual innocence of three of the convicted offenses, denial o... More...   $0 (11-01-2001 - OK)

State of Oklahoma v. Kyle Haskins

First Degree Murder, Feloniously Pointing a Weapon, Assault and Battery (Domestic), and Manslaughter relating to a fatal shooting on February 21, 2001. ... More...   $0 (10-25-2001 - OK)

Michael Ray Hudelson v. City of Tulsa

Following his acquittal on charges of sexual battery and resisting arrest, plaintiff Michael Ray Hudelson brought this action under 42 U.S.C. § 1983 alleging wrongful arrest and use of excessive force against several of the City of Tulsa police officers involved in his arrest and against the City itself. Defendant Anna Marie Cowdry, the victim of the alleged sexual battery who also happened to be ... More...   $1793 (02-05-2001 - OK)

 
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