127 results for 'court:"USDC Western District of Oklahoma "'.
J. Palk denies the defendant construction company's motion for summary judgment in this negligence lawsuit stemming from a workplace accident involving a golf cart, in which the driver crashed while attempting to avoid a pile of gravel. The construction company contends that it "neither owed a duty to plaintiff nor caused her injuries." However, it cannot use the "open and obvious doctrine" to shield itself, as it was not the owner of the land.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 12, 2023, Case #: 5:22cv269, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence
J. Wyrick mostly denies the counterclaimants' motion for summary judgment in this dispute over insurance coverage for the loss of certain aircraft, which were not returned by the lessees after they allegedly stopped making lease payments. The leasing company argues that the insurer breached its insurance policy by failing to cover the loss of the aircraft. However, it is only entitled to summary judgment as to the "inapplicability of the wear and tear exclusion." Most of the other issues are subject to disputes of fact, which preclude summary judgment.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 1, 2023, Case #: 5:21cv510, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Dishman grants summary judgment to the defendant car dealer in this lawsuit brought by a former employee alleging race and gender discrimination, as well as retaliatory discharge. The car dealer provided "a legitimate, non-discriminatory reason" for the employee's termination, specifically related to certain car deals, which it claims were "in violation of company policy." Also, the evidence does not show that the decision was pretext for discrimination.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: August 28, 2023, Case #: 5:20cv306, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Russell denies the county's motion for summary judgment on the parents' claim that their daughter was denied adequate medical care during her detention in violation of the 14th Amendment. The record indicates that she died during detention as a result of a "perforated duodenal ulcer that was leaking fluid into her abdomen." A medical assistant testified that she needed to go to the hospital, and there is evidence that "jail staff disregarded the risk" to her health, after her condition changed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Health Care
J. Russell partially grants the county's motion to exclude certain expert opinion testimony in this lawsuit brought by the parents of a detainee who died while in detention, due to a perforated ulcer. The medical doctor's testimony will be limited to "her opinions concerning the quality of medical care provided" to the detainee. Also, the retired police officer will be allowed to testify as to "proper procedures for monitoring inmates or responding to emergency situations," though he cannot offer inappropriate legal conclusions.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Experts
J. Russell grants the defendant entities' dismissal motions in this lawsuit brought by high school students alleging that they were subjected to "sexual assault and pervasive sexual harassment." They assert claims for breach of contract and violations of Title IX. However, the claims against the board of trustees are duplicative of those against the school. The students also fail to state plausible claims against the Roman Catholic Archdiocese of Oklahoma City or the Sisters of Mercy of the Americas South Central Community. The student plaintiffs are allowed to seek leave to amend in accordance with the rules of civil procedure.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 21, 2023, Case #: 5:22cv992, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Palk denies the companies' motion to substitute, which seeks to substitute a new company as plaintiff for the breach of contract claim against the defendant insurance company. The movants fail to show that there was an "honest mistake," which would support substitution. Also, substitution at this point would be prejudicial to the insurer.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: August 15, 2023, Case #: 5:22cv207, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Friot denies the defendant police officer's summary judgment motion in this excessive force lawsuit arising from a "non-fatal shooting." The officer asserts the defense of qualified immunity, but there is a fact issue as to whether the individual plaintiff was armed with a gun at the time of the shooting. The city is entitled to summary judgment, however, as to the individual's Section 1983 municipal liability claim.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:20cv465, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Friot partially grants the police officer's summary judgment motion in this lawsuit stemming from an individual's arrest outside an apartment. The individual contends that he was subjected to excessive force, but the officer's use of pepper spray was reasonable under the circumstances, as the officer was responding to a call "classified as first-degree burglary" and the individual refused to take his hand out of his pocket when ordered. On the other hand, summary judgment is not appropriate as to his excessive force claim based on the officer's alleged "takedown maneuver."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:21cv533, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Palk partially grants a motion for sanctions stemming from a discovery dispute involving certain Rule 8 recordings. The court indicates that it will impose sanctions based on "repeated erroneous discovery responses," but it also notes that it is unclear "who is responsible for the discrepancy" and that the factual record should be further developed. Also, the sanctions are warranted based on a failure to comply with a court order requiring the production of the recordings.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: August 1, 2023, Case #: 5:21cv97, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery
J. Palk partially grants the employer's dismissal motion and dismisses all of the former employee's claims, except for her "retaliation claim based on defendant's termination of her employment." The former employee, who appears pro se, contends that she was subjected to racial discrimination and retaliation during her employment. However, she fails to establish her hostile work environment claim or her discrimination claim based on an allegedly wrongful write-up.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 26, 2023, Case #: 5:23cv326, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Palk denies the department's dismissal motion in this suit brought by a former budget analyst alleging racial discrimination and disability discrimination. The former employee, who worked in the Oklahoma Veterans Affairs Health Care System, sufficiently states a claim for racial discrimination based on "the removal of plaintiff from her job," along with certain alleged statements by her supervisor and an alleged failure to consider her for a position in public affairs.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 18, 2023, Case #: 5:22cv359, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Dishman partially grants the individual defendants' dismissal motion in this lawsuit seeking monetary damages in connection with a misdemeanor criminal case. The individual plaintiff may not assert claims on behalf of his company, since he is proceeding pro se and is not an attorney. Also, the individual defendants, which include a judge and a district attorney, are both entitled to immunity.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: July 14, 2023, Case #: 5:23cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Immunity, Damages
J. Palk grants in part the school defendants' partial dismissal motion in this lawsuit arising from a student's alleged death by suicide. The administrators of the estate agree to the dismissal of the school board as a defendant, since those claims are "duplicative of those asserted against the District." Also, the defendant English teacher is entitled to qualified immunity on the due process claims against her. Her alleged failure to report a paper that the student wrote, which allegedly included "significant signs of mental health issues," cannot support a state-created danger claim.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:21cv607, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Dishman dismisses the former employee's claims against the individual defendant in this employment discrimination lawsuit. The former employee, who appears pro se and asserts claims arising from his termination as a housekeeper, failed to effect proper service on the individual. Additionally, his breach of contract and violation of public policy claims against the defendant company are dismissed.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:20cv1279, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Contract
J. Palk grants the insurance company's motion to quash, as well as the nonparty law firm's motion to quash, in this breach of contract lawsuit involving an underinsured motorist policy. The individual plaintiff has failed to articulate how certain categories of information are relevant to his claims. Also, the requested PowerPoint slides are protected by attorney-client privilege. Accordingly, the subpoenas at issue are quashed.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:22cv349, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Dishman denies the city defendants' dismissal motion in this lawsuit brought by a construction company seeking payment for allegedly "unpaid labor, equipment, materials, and services," relating to a rehabilitation project at the Atoka Dam. The court has jurisdiction to hear the company's claims for quantum meruit and unjust enrichment. Additionally, the company is allowed "to pursue alternative theories of recovery" at this stage.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:21cv1138, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract
J. Palk partially grants the estate representative's motion in limine in this lawsuit arising from the death of a pretrial detainee, who had been involved in a car accident. The motion is granted as to the suggestion that the decedent "was familiar with the process of obtaining medical care at the jail," as the statement lacks appropriate evidentiary support.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 29, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Health Care
J. Palk denies the sheriff's motion for summary judgment in this lawsuit concerning the death of a pretrial detainee, who was allegedly involved in a car accident and then later went into cardiac arrest at the Oklahoma County Jail. The estate's sole remaining claim alleges deliberate indifference to the detainee's medical needs, and the record indicates that his need for medical care was obvious, despite medical staff saying he was "faking it." Accordingly, there is a fact issue as to the reasonableness of relying on "the opinion of medical personnel." Also, he was not provided with follow-up care, as instructed by the hospital.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 15, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care