Legal Opinion · Concurrence
Howard Ex Rel. Payne v. Grady County Criminal Justice Authority
Court of Civil Appeals of Oklahoma
Decided December 19, 2016No. Case 114,988Published
1ConcurrenceGoree, J.
¶ 17 I agree that the trial court correctly dismissed the plaintiffs claim to recover damages for an alleged violation of Article II, § 7. But I am unwilling to join the majority in its assumption that the Oklahoma Constitution provides a private cause of action for violations of due process.
¶ 18 “No person shall be deprived of life, liberty, or property, without due process of law” is a guarantee designed to protect citizens from arbitrary and unreasonable action by the state. City of Edmond v. Wakefield, 1975 OK 96, ¶ 6, 537 P.2d 1211, 1213. Due process of law means “the enforcement of…
2Cases cited5 opinions
- Bosh v. Cherokee County Building AuthoritySupreme Court of Oklahoma · 2013
- Morgan v. Galilean Health Enterprises, Inc.Supreme Court of Oklahoma · 1998
- City of Edmond v. WakefieldSupreme Court of Oklahoma · 1975
- Grable v. ChildersSupreme Court of Oklahoma · 1936
- GJA v. Oklahoma Department of Human ServicesCourt of Civil Appeals of Oklahoma · 2015