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FREEMAN v. STATE EX REL. DHS

No. 102,987.

145 P.3d 1078 (2006)

2006 OK 71

Pamela FREEMAN, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel. DEPARTMENT OF HUMAN SERVICES, Defendant/Appellee.

Supreme Court of Oklahoma.

October 3, 2006.

Attorney(s) appearing for the Case

Steven R. Hickman, Frasier, Frasier & Hickman, LLP., Tulsa, OK, for Plaintiff/Appellant.

Richard W. Freeman, Jr., Richard A. Resetaritz, Oklahoma Department of Human Services, Oklahoma City, OK, for Defendant/Appellee.

HARGRAVE, J.

¶ 1 Pamela Freeman sued the Department of Human Services of the State of Oklahoma in the District Court of Tulsa County, for failure to pay overtime under the Fair Labor Standards Act, 29 USC § 201 et seq. DHS moved to dismiss on the grounds that the State cannot be sued without its consent under the doctrine of sovereign immunity. The trial court found that the Department of Human Services had constitutional immunity from a private enforcement...

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