Okla. Stat. tit. 51, § 51-155

The state or a political subdivision shall not be liable if a

loss or claim results from:

1. Legislative functions;

2. Judicial, quasi-judicial, or prosecutorial functions, other

than claims for wrongful criminal felony conviction resulting in

imprisonment provided for in Section 154 of this title;

3. Execution or enforcement of the lawful orders of any court;

4. Adoption or enforcement of or failure to adopt or enforce a

law, whether valid or invalid, including, but not limited to, any

statute, charter provision, ordinance, resolution, rule, regulation

or written policy;

5. Performance of or the failure to exercise or perform any act

or service which is in the discretion of the state or political

subdivision or its employees;

6. Civil disobedience, riot, insurrection or rebellion or the

failure to provide, or the method of providing, police, law

enforcement or fire protection;

7. Any claim based on the theory of attractive nuisance;

8. Snow or ice conditions or temporary or natural conditions on

any public way or other public place due to weather conditions,

unless the condition is affirmatively caused by the negligent act of

the state or a political subdivision;

9. Entry upon any property where that entry is expressly or

implied authorized by law;

10. Natural conditions of property of the state or political

subdivision;

11. Assessment or collection of taxes or special assessments,

license or registration fees, or other fees or charges imposed by

law;

12. Licensing powers or functions including, but not limited

to, the issuance, denial, suspension or revocation of or failure or

refusal to issue, deny, suspend or revoke any permit, license,

certificate, approval, order or similar authority;

13. Inspection powers or functions, including failure to make

an inspection, review or approval, or making an inadequate or

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negligent inspection, review or approval of any property, real or

personal, to determine whether the property complies with or

violates any law or contains a hazard to health or safety, or fails

to conform to a recognized standard;

14. Any loss to any person covered by any workers' compensation

act or any employer's liability act;

15. Absence, condition, location or malfunction of any traffic

or road sign, signal or warning device unless the absence,

condition, location or malfunction is not corrected by the state or

political subdivision responsible within a reasonable time after

actual or constructive notice or the removal or destruction of such

signs, signals or warning devices by third parties, action of

weather elements or as a result of traffic collision except on

failure of the state or political subdivision to correct the same

within a reasonable time after actual or constructive notice.

Nothing herein shall give rise to liability arising from the failure

of the state or any political subdivision to initially place any of

the above signs, signals or warning devices. The signs, signals and

warning devices referred to herein are those used in connection with

hazards normally connected with the use of roadways or public ways

and do not apply to the duty to warn of special defects such as

excavations or roadway obstructions;

16. Any claim which is limited or barred by any other law;

17. Misrepresentation, if unintentional;

18. An act or omission of an independent contractor or

consultant or his or her employees, agents, subcontractors or

suppliers or of a person other than an employee of the state or

political subdivision at the time the act or omission occurred;

19. Theft by a third person of money in the custody of an

employee unless the loss was sustained because of the negligence or

wrongful act or omission of the employee;

20. Participation in or practice for any interscholastic or

other athletic contest sponsored or conducted by or on the property

of the state or a political subdivision;
cal subdivision at the time the act or omission occurred;

19. Theft by a third person of money in the custody of an

employee unless the loss was sustained because of the negligence or

wrongful act or omission of the employee;

20. Participation in or practice for any interscholastic or

other athletic contest sponsored or conducted by or on the property

of the state or a political subdivision;

21. Participation in any activity approved by a local board of

education and held within a building or on the grounds of the school

district served by that local board of education before or after

normal school hours or on weekends;

22. Use of indoor or outdoor school property and facilities

made available for public recreation before or after normal school

hours or on weekends or school vacations, except those claims

resulting from willful and wanton acts of negligence. For purposes

of this paragraph:

a. "public" includes, but is not limited to, students

during nonschool hours and school staff when not

working as employees of the school, and

Oklahoma Statutes - Title 51. Officers Page 104

b. "recreation" means any indoor or outdoor physical

activity, either organized or unorganized, undertaken

for exercise, relaxation, diversion, sport or

pleasure, and that is not otherwise covered by

paragraph 20 or 21 of this section;

23. Any court-ordered, Department of Corrections or county

approved work release program; provided, however, this provision

shall not apply to claims from individuals not in the custody of the

Department of Corrections based on accidents involving motor

vehicles owned or operated by the Department of Corrections;

24. The activities of the state military forces when on state

active duty orders or on Title 32 active duty orders;

25. Provision, equipping, operation or maintenance of any

prison, jail or correctional facility, or injuries resulting from

the parole or escape of a prisoner or injuries by a prisoner to any

other prisoner; provided, however, this provision shall not apply to

claims from individuals not in the custody of the Department of

Corrections based on accidents involving motor vehicles owned or

operated by the Department of Corrections;

26. Provision, equipping, operation or maintenance of any

juvenile detention facility, or injuries resulting from the escape

of a juvenile detainee, or injuries by a juvenile detainee to any

other juvenile detainee;

27. Any claim or action based on the theory of manufacturer's

products liability or breach of warranty, either expressed or

implied;

28. Any claim or action based on the theory of indemnification

or subrogation; provided, however, a political subdivision as

defined in subparagraph s of paragraph 11 of Section 152 of this

title may enter into a contract with a contract operator or any

railroad operating in interstate commerce that sells a property

interest or provides services to a regional transportation

authority, or allows the regional transportation authority to use

the railroad's property or tracks for the provision of public

passenger rail service, providing for the allocation of financial

responsibility, indemnification, or the procurement of insurance for

the parties for all types of claims or damages, provided that funds

have been appropriated to cover the resulting contractual obligation

at the time the contract is executed. The acquisition of commercial

liability insurance to cover the activities of the regional

transportation authority, contract operator or railroad shall not

operate as a waiver of any of the liabilities, immunities or

defenses provided for political subdivisions pursuant to the

provisions of The Governmental Tort Claims Act. A contract entered

into under this paragraph shall not affect rights of employees under

the Federal Employers Liability Act or the Federal Railway Labor

Act;

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ailroad shall not

operate as a waiver of any of the liabilities, immunities or

defenses provided for political subdivisions pursuant to the

provisions of The Governmental Tort Claims Act. A contract entered

into under this paragraph shall not affect rights of employees under

the Federal Employers Liability Act or the Federal Railway Labor

Act;

Oklahoma Statutes - Title 51. Officers Page 105

29. Any claim based upon an act or omission of an employee in

the placement of children;

30. Acts or omissions done in conformance with then current

recognized standards;

31. Maintenance of the state highway system or any portion

thereof unless the claimant presents evidence which establishes

either that the state failed to warn of the unsafe condition or that

the loss would not have occurred but for a negligent affirmative act

of the state;

32. Any confirmation of the existence or nonexistence of any

effective financing statement on file in the office of the Secretary

of State made in good faith by an employee of the office of the

Secretary of State as required by the provisions of Section 1-9-

320.6 of Title 12A of the Oklahoma Statutes;

33. Any court-ordered community sentence;

34. Remedial action and any subsequent related maintenance of

property pursuant to and in compliance with an authorized

environmental remediation program, order, or requirement of a

federal or state environmental agency;

35. The use of necessary and reasonable force by a school

district employee to control and discipline a student during the

time the student is in attendance or in transit to and from the

school, or any other function authorized by the school district;

36. Actions taken in good faith by a school district employee

for the out-of-school suspension of a student pursuant to applicable

Oklahoma Statutes; or

37. Use of a public facility opened to the general public

during an emergency.