Legal Opinion
Maher ex rel. Estate of Maher v. Oklahoma ex rel. Tourism & Recreation Department
District Court, W.D. Oklahoma
Decided February 29, 2016No. Case No. CIV-15-264-DPublishedCited by 7 opinions
1Opinion of the Court
ORDER
TIMOTHY D. DeGIUSTI, UNITED STATES DISTRICT JUDGE
Before the Court is Defendant Justin Young’s Motion to Dismiss [Doc. No. 25], filed pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6).1 Regarding subject matter jurisdiction, Defendant Young asserts the State of Oklahoma’s sovereign immunity from suit to the extent he is sued in an official capacity as a state law enforcement officer, and individual immunity from suit under the Governmental Tort Claims Act (“GTCA”), Okla. Stat. tit. 51, §§ 151-72. Regarding the sufficiency of Plaintiffs pleading to state a claim for relief, Defendant Young…
2Cases cited32 opinions
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- Terry v. OhioSupreme Court of the United States · 1968
- Graham v. ConnorSupreme Court of the United States · 1989
- Scott v. HarrisSupreme Court of the United States · 2007
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3Cited by7 opinions
- Bowens v. Board of County Commissioners of Custer CountyDistrict Court, W.D. Oklahoma · 2020
- Carter v. DavisDistrict Court, N.D. Oklahoma · 2019
- Pendergraft v. Board of Regents of Oklahoma CollegesDistrict Court, W.D. Oklahoma · 2019
- Rainwater v. Board of Regents for the University of OklahomaDistrict Court, W.D. Oklahoma · 2020
- Rainwater v. Board of Regents for the University of OklahomaDistrict Court, W.D. Oklahoma · 2020
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