Oklahoma Immunity Law
 

Tiffany Simpson v. Jon Little, Ike Shirley, and City of Bixby, Oklahoma

This case arises from the fatal shooting of Logan Wayne Simpson by Jon Little, a
patrol officer for the City of Bixby, Oklahoma. Tiffany Simpson, Mr. Simpson’s mother
and personal representative of his estate, sued Officer Little in his individual capacity
under 42 U.S.C. § 1983 for excessive force in violation of Mr. Simpson’s Fourth and
Fourteenth Amendment rights. Officer L... More...
   $0 (10-27-2021 - OK)

State of ex rel. Matloff v. Jana Wallace

¶1 The State of Oklahoma, by Mark Matloff, District Attorney of Pushmataha County, petitions this Court for the writ of prohibition to vacate the Respondent Judge Jana Wallace's April 12, 2021 order granting post-conviction relief. Judge Wallace's order vacated and dismissed the second degree murder conviction of Clifton Merrill Parish in Pushmataha County Case No. CF-2010-26. Because the Respond... More...   $0 (09-15-2021 - OK)

Robbie Emery Burke v. Vic Regaldo and Stanley Glanz




The Tulsa County Sheriffs Office (TCSO) runs the Tulsa County Jail (the
jail). In 2011, Elliott Williams was jailed there. Shortly after his booking, he severely
injured his neck, causing lower body paralysis. No one treated his injury. Despite his
frequ... More...
   $0 (08-22-2019 - OK)

Elias Quintana v. Judge Kyle Waters and Orvil Loge





Dr. Elias Quintana appeals the district courts order dismissing his suit against
Judge Kyle Waters and Muskogee District Attorney Orvil Loge and denying his
motion to amend his complaint.1 We review de novo an ... More...
   $0 (05-01-2019 - OK)

James Todd Beacon and Dara Beason v. I.E. Miller Services, Inc.




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1 At issue is the constitutionality of a legislative enactment--23 O.S. 2011 61... More...
   $0 (04-23-2019 - OK)

Kyle Lindsey and Zayne Mann v. Brandon Hyler




Kyle Lindsey and Zayne Mann were seriously injured when Lindsey lost
control of his utility vehicle on a gravel road after a brief police pursuit. They
claim the accident was caused by an overzealous officer who shou... More...
   $0 (03-20-2019 - OK)

Chad E. Osterhout v. Kendall Morgan





Chad E. Osterhout brought this action under 42 U.S.C. 1983 and Oklahoma
law alleging Deputy Sheriff Kendall Morgan and another officer used excessive force
in arresting him after a short, high-speed chase. Officer Morgan appeals the district
courts or... More...
   $0 (02-19-2019 - OK)

Southwest Orthopaedic Specialists v. Ira Wayne Allison





1 Ira Wayne Allison and Allison Legal, PLLC (collectively Allison), appeal the district court's denial in part of a motion to dismiss the lawsuit of Southw... More...
   $0 (10-30-2018 - OK)

Enable Oklahoma Intrastate Transmillion, LLC v. 25 Foot Wide Easement, et al.





Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district
courts dismissal of its case for lack of subject matter jurisdiction and for failure to
join an indispensable party. Enable also challenges the amount of attorney fees the
... More...
   $0 (11-20-2018 - OK)

R. Alexander Acosta v. Jani-King of Oklahoma, Inc.

This appeal arises out of the district courts dismissal with prejudice of the
Secretary of Labors complaint against Jani-King of Oklahoma, Inc. For the reasons
below, we reverse.



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   $0 (10-03-2018 - OK)

Kendra Crocker v. Stanley Glanz





Eric Grant was assaulted and raped by another inmate while in custody at the
Tulsa County Jail. Grants co-guardians filed suit on his behalf against Sheriff
Stanley Glanz under 42 U.S.C. 1983, asserting supervisory liability. Glanz has
filed this interlocutory... More...
   $0 (09-25-2018 - OK)

Alabama-Quassarte Tribal Town v. United States of America

Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

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Alabama-Quassarte Tribal Town (AQTT) appeals several orders entered in
favor of the United States, the Secretary and Associate Deputy Secretary of the U.S.
Department of the Interior (DOI), the Secretary of the U.S. Department of the
Treasury, and the Muscogee (Creek) Nation (the Creek Nation). Exercising
jurisdiction under 28 U.S.C. 1291, we affirm.
I
AQTT is a fed... More...
   $0 (08-13-2018 - OK)

Harold Wayne Hurst v. Chickasaw Nation Medical Center and Indian Health Service
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Muskogee, OK - Harold Wayne Hurst sued the Chickasaw Nation Medical Center and the Indian Health Service on personal injry and medical malpractice theories under the Harold Wayne Hurst v. Chickasaw Nation Medical Center and Indian Health Service (28 U.S.C. 2674)



2674. Liability of United States

The United States shall be liable, respecting the provisions of this title re... More...
   $0 (08-02-2018 - OK)

State of Oklahoma v. Jakhai Montrell Adams


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Tulsa, OK - Criminal defense lawyers Alexis Gardner and Michael Manning represented Jakhai Adams, age 21, who was charged with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE... More...
   $0 (10-31-2018 - OK)

United States of America v. Matthew Lane Durham

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Matthew Durham appeals his convictions and sentence on four counts for illicit
sex with minors in Kenya after travelling there from the United States. This opinion
addresses the following eight issues presented for appellate review.
1. Is 18 U.S.C. 2423(c), the statute on which the convictions
were based, unconstitutional on its face and as applied to Mr.
Durham because it ex... More...
   $0 (08-30-2018 - OK)

Chester L. Bailey, Jr. v. Independent School District No. 69 of Canadian County Oklahoma


Oklahoma County Courthouse - Oklahoma City, Oklahoma

We are presented in this appeal with the following question: is a letter written by a public employee, seeking a reduced sentence for his relative, speech on a matter of public concern for the purposes of a First Amendment Garcetti/Pickering inquiry. See Garcetti v. Ceballos, 547 U.S. 410 (2006); Pickering v. Bd. of Educ., 391 U.S. 563 (1968). We conclude that it is. Accordingly we reverse the dis... More...   $0 (07-24-2018 - OK)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc.

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahomas recently modified workers
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employerPenske Logisticsdid not own the
trailer, but his employers sole stockholderPenske Truck Leasingdid. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

VICKY PITTMAN McNEELY v. THE STATE OF OKLAHOMA

On July 25, 2017, Vicky Pittman McNeely, Petitioner, by and through counsel Jason Edge and Melanie Lander, filed with the Clerk of this Court a Petition for Writ of Mandamus seeking relief from an order entered by the Honorable William D. LaFortune, District Judge, denying McNeely's Motion For Determination of Immunity in Tulsa County District Court Case No. CF-2013-343. Petitioner's request for e... More...   $0 (05-28-2018 - OK)

Brande Lee Samuels v. Ryan McDonald, Robert Nigh, Steve Kunzeiler, Isaac Shields, Stuart Southerland

Northern District of Oklahoma Federal Courthouse
Tulsa, Oklahoma

Brande Lee Samuels appeals the district courts dismissal of his amended
complaint that alleged claims under 42 U.S.C. 1983 against three Tulsa County public
defenders and two prosecutors with the Tulsa County District Attorneys Office. The
court dismissed the amended complaint without prejudice under 28 U.S.C.
1915(e)(2)(B)(ii) for failure to state a claim. It granted Mr. Sam... More...
   $0 (02-10-2018 - OK)

Charles Deal and Annette Deal, Personal Representatives of the Estate of Serenity Deal v. Sean Devon Brooks, Randy J. Jack and Jennifer Shawn and State of Oklahoma ex rel. Oklahoma Department of Human Services

1 This action arises from tragic circumstances involving the murder of a child placed in the custody of her biological father. Plaintiffs/Appellants Charles and Annette Deal (Plaintiffs) appeal the trial court's Order granting summary judgment in favor of Defendant/Appellee State of Oklahoma ex rel. Oklahoma Department of Human Services (DHS). Although the Order does not address all issues and De... More...   $0 (12-30-2016 - OK)

STRICKLAND v. STEPHENS PRODUCTION COMPANY

Oklahoma Capital Building - Oklahoma City, Oklahoma

On October 6, 2014, David Chambers, who was an employee of RDT Trucking, Inc., was dispatched to an oil-well site in Crescent, Oklahoma, to pick up waste water. Stephens Production Company and Stephens Production Company Continental Properties, LLC (SPC) were the owners and operators of the well. Upon arrival at the well, Mr. Chambers worked on or around a device known as a "heater treater." Durin... More...   $0 (01-24-2018 - OK)

Lindsey Rauner v. Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital

Cleveland County Oklahoma Courthouse - Norman, Oklahoma

Norman, OK - Lindsey Rauner, individually, and as Surviving Daughter and Administrator of the Estate of David Wayne Rauner, deceased, sued Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital on medical negligence theories.

David Wayne Rauner underwent a Roux-en-Y gastric bypass procedure at Norman Regional on August 20, 2014 a... More...
   $1 (12-04-2017 - OK)

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA

First Presbyterian Church of Tulsa

Appellant/Doe filed suit against The First Presbyterian Church U.S.A. ("FPC"), of Tulsa, Oklahoma and its minister, James D. Miller, ("Appellees"), based on theories of torts and breach of contract. Doe seeks damages arising out of alleged harm he incurred from Appellees' publishing notice of his baptism on the world wide web. Doe claimed that he advised Appellees of the need to keep his baptism p... More...   $0 (12-19-2017 - OK)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE

Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Janelle Bridges v. Kyle Wilson and Mike Reed

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

The Appellees, heirs of Shane Bridges (hereinafter the estate of Shane
Bridges or the estate), brought this action under 42 U.S.C. 1983. The estate
alleges Appellant Kyle Wilsona deputy sheriff in Mayes County, Oklahomaused
excessive force in violation of the Fourth Amendment in shooting and killing Bridges
on January 1, 2014. Following discovery, Wilson filed a motion for ... More...
   $0 (12-10-2017 - OK)

Christian Shadid v. K 9 University, LLC and Angele Soriano

Oklahoma Court of Civil Appeals - Oklahoma City, Oklahoma

1 Plaintiff/Appellant Christina Shadid appeals from the trial court's order dismissing her lawsuit against Defendant/Appellee Angel Soriano. Shadid was attacked by a dog while acting within the scope of her employment at Defendant K 9 University, LLC, a company that boards and trains dogs. Soriano is the owner and managing partner of K 9 University, as well as the owner of the dog that attacked S... More...   $0 (09-27-2017 - OK)

Brandon Michael Gibby v. Hobby Lobby Stores, Inc.

Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

1 This appeal determines the constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA), found at title 85A of the Oklahoma Statutes. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, this Court holds the forfeiture provision found at section 57 of title 85A violates the adequate remedy provis... More...   $0 (10-08-2017 - OK)

Travis Prichard v. The City of Oklahoma City

2 The dispositive issue on certiorari is whether 51 O.S. 1991 155(6)1 provides immunity from liability when a police officer fails to provide appropriate medical care to those in police custody. Under these facts, we find that the City may not be immune from liability.

3 FACTS

4 It is undisputed that on June 10, 1995, Dekovan Bowler (Bowler), Michael Dean Cooper (Cooper), and... More...
   $0 (03-12-1999 - OK)

Glenn E. Bras v. First Bank & Trust Company of Sand Springs, Oklahoma

1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July ... More...   $0 (07-16-1985 - OK)

Larita Barnes v. United States of America

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers
corruption was revealed. Because McFadden was a special... More...
   $0 (08-28-2017 - OK)

Carolyn Mariani v. The State of Oklahoma, ex rel. Oklahoma State University

1 The question presented to this Court is whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 O.S. 2011 158(E) & 162(D), permit the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GT... More...   $0 (03-24-2015 - OK)

Isaac Luna Ashton v. State of Oklahoma

1 Appellant, Isaac Luna Ashton, was tried by jury and convicted of First Degree Murder (Counts 1 & 2) (21 O.S.Supp.2012, 701.7(A)) and Carrying a Weapon Unlawfully (Count 4) (21 O.S.Supp.2013, 1272) in District Court of Tulsa County Case Number CF-2014-4108.1 The jury recommended as punishment imprisonment for life without the possibility of parole in both Count 1 and Count 2. The jury furthe... More...   $0 (06-01-2017 - OK)

Hugo Rosario Gutierrez-Brizuela v. Lorett E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is havent often been thought subject to
revision by the executive, let alone by an executive endowed wi... More...
   $0 (08-23-2016 - OK)

Paris LaPriest Powell v. Robert Bradly Miller

After his release from death row, Paris LaPriest Powell sued the prosecutor
responsible for his overturned conviction, Robert Bradley Miller. Powell charged
that Miller had suborned perjury from a key witness at his trial, Derrick Smith; had
hidden from the defense evidence of Millers agreement to help Smith with his own
criminal charges; and had failed to disclose the effort... More...
   $0 (03-10-2017 - OK)

Beverly Howard v. Grady county Criminal Justice Authority

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1 Plaintiff/Appellant Beverly Howard, as Next Friend of James Payne, deceased, appeals from the trial court's order dismissing her claim for a violation of due process against Defendant/Appellee Grady County Criminal Justice Authority (GCCJA). The Supreme Court of Oklahoma held in Bosh v. Cherokee County Governmental Building Authority, 2013 OK 9, 305 P.3d 994, that a private cause of action exis... More...   $0 (01-24-2017 - OK)

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA

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This appeal originates from a lawsuit filed by Plaintiff/Appellant John Doe (a pseudonym for Plaintiff) (hereinafter, "Appellant") against Defendants/Appellees The First Presbyterian Church of U.S.A. of Tulsa, Oklahoma, and James D. Miller (hereinafter, "Appellees") alleging breach of contract, negligence, and outrage. Appellant alleges he was born in Syria into the Muslim Faith, but for most of h... More...   $0 (02-27-2017 - OK)

PatrIcia Bowers Edwards, individually and as guardian of Robert Drew Bowers v. Don Andrews, District Judge

Guardian of her disabled adult son petitions this Court to assume original jurisdiction and issue a writ prohibiting the trial court from exercising jurisdiction over the claims of two discharged domestic workers. Original jurisdiction is assumed. Let the Writ of Prohibition issue, directing Respondent Judge, or any other judge to whom case No. CJ-2014-2718 is assigned, to (1) vacate the Journal ... More...   $0 (10-24-2016 - Ok)

United States of America v. Dusty Allen Drywater

Muskogee, OK - Stilwell Man Pleads Guilty To Drug Conspiracy, Firearm Possession

DUSTY ALLEN DRYWATER, age 33, of Stilwell, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years or more than Life imprisonment, up to a $10,000,000.00 fine or both and FELON IN POSSESSION OF FIREA... More...
   $0 (10-13-2016 - OK)

United States of America v. Christopher Jordan Lee Foreman

Muskogee, OK - Vian Man Sentenced To 57 Months For Possession Of Stolen Firearms

Chistropher Jordan Lee Foreman, age 22, of Vian, Oklahoma, was sentenced to 57 months of imprisonment, followed by 3 years of supervised release, for POSSESSION OF STOLEN FIREARMS, in violation of Title 18, United States Code, Sections 922(j) and 2, punishable by not more than 10 years of imprisonment, up to... More...
   $0 (10-24-2016 - OK)

John W. Terry v. State of Ohio

This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.

Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary. 1 Following the denial of a pret... More...
   $0 (08-24-2016 - OK)

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