Justia Oklahoma Supreme Court Opinion Summaries

The Oklahoma County Criminal Justice Authority (OCCJA) filed a petition in the District Court of Oklahoma County seeking a writ of mandamus and an injunction against the Oklahoma State Department of Health (OSDH) to prevent unannounced jail inspections and an administrative proceeding based on an Administrative Compliance Order. The OCCJA argued that the OSDH exceeded its authority by demanding unannounced access for inspections and issuing compliance orders sooner than the statutory 60-day correction period. The OCCJA also contended that the statutes and administrative rules did not authorize unannounced inspections and that such inspections were unreasonable due to staffing and safety concerns.The District Court for Oklahoma County, presided over by Judge C. Brent Dishman, granted the OSDH's motion to dismiss in part, finding that the OSDH had statutory authority to perform unannounced inspections. The OCCJA appealed this decision. Concurrently, the OSDH filed an application in the Supreme Court of Oklahoma to assume original jurisdiction and sought a writ of mandamus/prohibition and declaratory relief against the OCCJA. The Supreme Court denied the OSDH's application to assume original jurisdiction in No. 122,524 and recast the OCCJA's appeal in No. 122,775 into an application to assume original jurisdiction and petition for a writ of prohibition.The Supreme Court of Oklahoma assumed original jurisdiction in No. 122,775 on the single issue of whether the OSDH has the authority to perform unannounced jail inspections. The Court concluded that the OSDH does have such authority, as unannounced inspections are a reasonable means to ensure compliance with legislative jail standards. The Court found that the District Court's interlocutory order was not contrary to law or an abuse of discretion and denied the OCCJA's petition for a writ of prohibition. View "Oklahoma State Department of Health v Oklahoma County Criminal Justice Authority" on Justia Law

Treyton Bailey was stopped for a traffic violation and subsequently arrested for suspicion of DUI after officers observed signs of impairment. Although Bailey consented to a blood test, the result was excluded due to a discrepancy in the chain of custody. Despite the lack of a valid test result, Service Oklahoma revoked Bailey's license. Bailey argued that Service Oklahoma lacked statutory authority to mail the revocation notice by regular mail, that revocation is invalid absent a certificate or affidavit of mailing even where the licensee received and acted upon the notice, and that revocation cannot be sustained without a valid test result when the driver did not refuse testing.The district court rejected Bailey's arguments, finding that Section 2-116 applies to Service Oklahoma and authorizes the agency to serve revocation notice by regular mail. The court also found that the State's proof of service was admissible and sufficient to establish adequate proof that notice was properly served. Additionally, the court determined that despite the exclusion of the blood result, the State met its burden of proof based on other competent evidence. The district court entered a Final Order Sustaining Revocation, which Bailey appealed.The Supreme Court of the State of Oklahoma affirmed the district court's order. The court held that Service Oklahoma is authorized to provide revocation notice by regular mail under Title 47, Section 2-116, and that this interpretation is necessary to preserve the coherence of the statutory scheme following the Legislature's transfer of authority to Service Oklahoma. The court also held that Bailey's due process challenge failed, as the record reflected that he received written notice of the revocation and acted upon it by filing a petition for judicial review. Finally, the court held that the district court properly sustained the revocation of Bailey's license based on the officer's sworn report and other competent evidence, despite the exclusion of the blood test result. View "Bailey v State of Oklahoma ex rel. Service Oklahoma" on Justia Law

Philip Sanders filed a petition in the District Court for Creek County, alleging that Turn Key Health Clinics, LLC caused the wrongful death of his wife, Brenda Jean Sanders, during her confinement in the Creek County Jail. Brenda Sanders was booked into the jail on October 17, 2016, and her health deteriorated over four weeks. She was transported to a hospital on November 20, 2016, diagnosed with severe sepsis and other conditions, and died the next day.The District Court granted Turn Key's motion to dismiss Sanders' petition, citing immunity under the Oklahoma Governmental Tort Claims Act, and allowed Sanders thirty days to amend his petition. Sanders did not amend and appealed the dismissal. The Court of Civil Appeals reversed the District Court's order, but Turn Key filed a petition for certiorari to review the appellate court's decision. The Supreme Court of Oklahoma granted certiorari.The Supreme Court of Oklahoma held that Sanders' appeal was premature as it challenged an interlocutory order, and appellate jurisdiction was absent. The Court vacated the opinion of the Court of Civil Appeals and withdrew it from publication. The Court recast Sanders' petition in error as an application to assume original jurisdiction and a petition for prohibition. The Court concluded that the Governmental Tort Claims Act makes licensed medical professionals "employees" of the state when under contract with city, county, or state entities and providing medical care to inmates or detainees. The Court assumed original jurisdiction and denied the petition for a writ of prohibition. View "Sanders v. Turn Key Health Clinics, LLC" on Justia Law

In the spring of 2018, People's Electric Cooperative and Oklahoma Gas and Electric Company (OG&E) submitted competing bids to provide retail electric service to the Tall Oak Woodford Cryo Plant in Coal County, Oklahoma. The Plant is located in People's certified territory, which grants them exclusive rights to provide electricity under the Retail Electric Supplier Certified Territory Act (RESCTA). OG&E's proposal relied on the Large Load exception to RESCTA, which allows a supplier to extend its service into another supplier's territory for large-load customers. OG&E used third-party transmission facilities to provide service to the Plant without extending its own distribution lines.The Oklahoma Corporation Commission enjoined OG&E from serving the Plant, finding that OG&E was not "extending its service" as authorized by RESCTA. The Commission determined that a retail electric supplier may not use third-party transmission lines to extend its service into another supplier's certified territory under the Large Load exception. OG&E appealed the decision.The Supreme Court of the State of Oklahoma reviewed the case and upheld the Commission's determination. The Court held that Article 9, Section 20 of the Oklahoma Constitution requires a limited review of the Commission's order. The Court affirmed the Commission's interpretation that the Large Load exception does not permit a supplier to use third-party transmission lines to extend its service into another supplier's certified territory. The Court's decision applies prospectively only and does not affect existing retail electric services and facilities established under the Large Load exception. View "OKLAHOMA GAS AND ELECTRIC CO. v. STATE" on Justia Law

Claudia C. Conner, the plaintiff, was employed by the Oklahoma Employment Security Commission (OESC) as General Counsel and Chief of Staff. She was terminated in November 2021, at the age of over sixty, despite having satisfactory job performance and receiving a raise a month prior. Conner alleges that her termination was due to age and gender discrimination, and retaliation for reporting sexual harassment by a state vendor. She filed a charge of discrimination with the EEOC, which issued a right to sue letter, leading her to file a lawsuit in the Oklahoma County District Court.The OESC moved to dismiss the case, arguing that Conner failed to comply with the notice provisions of the Governmental Tort Claims Act (GTCA). The District Court of Oklahoma County denied the motion, citing material conflicts between the GTCA and the Oklahoma Anti-Discrimination Act (OADA). The OESC then sought and was granted a petition for certiorari to the Supreme Court of the State of Oklahoma.The Supreme Court of the State of Oklahoma reviewed the case and held that there are no material or irreconcilable conflicts between the GTCA and the OADA regarding the notice provisions. The court found that the GTCA's notice requirements apply to claims under the OADA. Consequently, the trial court's denial of the motion to dismiss was reversed, and the case was remanded for further proceedings consistent with this opinion. The Supreme Court emphasized that compliance with the GTCA notice provisions is a jurisdictional requirement for tort suits against governmental entities. View "CONNER v. STATE" on Justia Law

Four Native American tribes operating casinos in Oklahoma filed a federal lawsuit in August 2020 to invalidate certain tribal-gaming compacts entered into by the Governor of Oklahoma and other tribes. These compacts were approved by the U.S. Secretary of the Department of the Interior by operation of law. The tribes argued that the Governor lacked the authority to enter into these compacts, violating Oklahoma law and their rights under the Indian Gaming Regulatory Act (IGRA).The Governor, represented by private counsel, defended the compacts' validity under federal law, arguing that any provisions violating state law could be severed. In July 2023, the Oklahoma Attorney General filed a notice to assume control of the state's defense, asserting that the compacts were invalid under state law. The Governor moved to strike the Attorney General's appearance, arguing that he had the authority to retain counsel and that the Attorney General could not override this.The United States District Court for the District of Columbia certified a question to the Supreme Court of Oklahoma regarding whether the Attorney General could assume control of the defense over the Governor's objection. The Supreme Court of Oklahoma held that the Attorney General could not take control of the defense in this case. The court emphasized the Governor's constitutional role as the "Supreme Executive" with the authority to select and direct counsel for the state's interests. The court also noted that the Attorney General could appear in the case but could not override the Governor's choice of counsel. View "CHEROKEE NATION v. UNITED STATES DEPARTMENT OF THE INTERIOR" on Justia Law

Sarah Marshall, a pet-sitter, was bitten by a pit bull mix named Julian while attempting to separate a dog fight. Julian had been placed with Loren Poss by Tulsa Animal Welfare, a department within the City of Tulsa. Poss, who was fostering Julian, left him with Marshall while she went on vacation. Marshall sued the City of Tulsa under the strict liability dog bite statute, 4 O.S. § 42.1, and for common law negligence.The District Court of Tulsa County granted summary judgment in favor of the City, finding that Marshall was considered an "owner" of the dog under 4 O.S. § 42.1 and thus could not recover under the statute. The court also found that the City did not owe a duty of care to Marshall. Marshall appealed the decision.The Supreme Court of the State of Oklahoma reviewed the case de novo. The court affirmed the lower court's decision, holding that Marshall was indeed an "owner" under 4 O.S. § 42.1 when read in conjunction with the Tulsa Municipal Ordinance, which defines an owner as anyone having care, maintenance, or control of a dog. The court also held that the City did not owe a duty of care to Marshall because her injury was not foreseeable, as there was no evidence that Julian had shown signs of aggression prior to the incident. Therefore, the trial court's judgment was affirmed. View "MARSHALL v. CITY OF TULSA" on Justia Law

The case involves an order issued by the Oklahoma Corporation Commission (Commission) that prevented certain utilities from billing customers for municipal franchise fees and municipal gross receipts taxes based on securitized revenue, as per the February 2021 Regulated Utility Consumer Protection Act. The City of Oklahoma City challenged this order, arguing that it unlawfully canceled municipal taxes and franchise fees, and exceeded the Commission's jurisdiction.The Public Utilities Division (PUD) of the Commission filed an application to prevent utilities from billing customers for these fees and taxes, arguing that such charges would result in a windfall for municipalities. The Commission granted the PUD's application, concluding that the fees and taxes related to extraordinary fuel costs from the 2021 winter storm should not be collected from customers. The Oklahoma Municipal League (OML) intervened, arguing that the Commission lacked jurisdiction to alter franchise agreements and that the fees were legal obligations of the utilities.The Supreme Court of the State of Oklahoma reviewed the case and determined that the OML had standing in the controversy. The Court found that the Commission's determination that the February 2021 Regulated Utility Consumer Protection Act changed or altered a utility's legal obligations concerning municipal franchise fees and gross receipts taxes was not sustained by law. The Court held that the Commission did not have the authority to determine the legality of these fees and taxes or to prevent their collection based on securitized revenue.The Supreme Court of Oklahoma reversed the Commission's order, concluding that the Commission's decision was not supported by the law. The case was remanded to the Corporation Commission for further proceedings consistent with the Court's opinion. View "CITY OF OKLAHOMA CITY v. OKLAHOMA CORPORATION COMMISSION" on Justia Law

Mark Glen Spencer died from sepsis two days after a surgical procedure performed by Dr. Lana Nelson at Norman Regional Medical Authority. Spencer's brother, Jimmy Wayne Spencer, acting as the Special Administrator of the estate, filed a wrongful death action against the hospital and Dr. Nelson, alleging negligent and grossly negligent treatment. The hospital delayed providing complete medical records, which were essential for evaluating the claim.The District Court dismissed the case, finding that the plaintiff had actual knowledge of the potential claim before the statutory deadline and that Dr. Nelson, as a hospital employee, was immune from individual liability under the Oklahoma Governmental Tort Claims Act (GTCA). The Court of Civil Appeals affirmed the dismissal, holding that the discovery rule did not apply to wrongful death claims under the GTCA and that Dr. Nelson could not be individually sued for actions within the scope of her employment.The Supreme Court of the State of Oklahoma reviewed the case and vacated the Court of Civil Appeals' opinion. The Supreme Court held that the discovery rule applies to wrongful death actions arising from medical negligence under the GTCA. It also ruled that governmental employees have no immunity under the GTCA for gross negligence or acts outside the scope of employment. The court found that the trial court erred in making factual determinations on a motion to dismiss and that it should have taken the plaintiff's allegations as true. The case was remanded for further proceedings consistent with these findings. View "SPENCER v. NELSON" on Justia Law

The case revolves around a lodging tax increase proposal in McCurtain County, Oklahoma, intended to fund a new county hospital. The Board of County Commissioners for McCurtain County approved the proposal to be submitted to the voters. However, the Board did not publish the proposal in a county newspaper for four weeks before the election as required by Title 19 O.S. 2021 §383. Instead, the Board and the Hospital engaged in a three-month campaign to inform voters of the measure through various means such as radio advertisements, billboards, newspaper articles, town hall meetings, and social media posts. After the measure was approved by the voters, a lodging renter and property owner filed a lawsuit seeking to have the election declared null and void due to the lack of newspaper publication. The Hospital sought to have the election upheld.The District Court of McCurtain County, Oklahoma, granted summary judgment in favor of the Board and Hospital, and against the lodging renter and property owner. The renter and owner appealed the decision.The Supreme Court of the State of Oklahoma held that because the county commissioners neglected to follow the statutory publication requirements, the voter-approved lodging tax increase is invalid. The court emphasized that the Legislature has mandated what constitutes adequate notice by publication and anything less than strict compliance requires the court to invalidate the election. The court also encouraged the legislature to consider revisiting and possibly updating publication requirements to be more compatible with today's methods of communication. The decision of the lower court was reversed. View "Cathey v. Board of County Commissioners for McCurtain County" on Justia Law