SUMMERS, Justice.
I.
The first question is whether two Corrections Department employees named as defendants in an inmate’s civil rights ease may have rejection of their “qualified immunity” defense reviewed in this court pri- or to trial. The second is whether that defense insulates them from having to defend a suit for damages. We answer both questions in the affirmative.
The plaintiff, J.C. Stewart, brought a civil rights action against three employees of the Oklahoma Department of Corrections. The defendants filed a motion for summary judgment based on the defense of qualified immunity. The trial court denied the motion and two of the defendants appealed. Their petition in error requested an immediate appeal or alternatively, review of the trial court’s action by extraordinary relief. They then filed an amended application for extraordinary relief (prohibition) and again asserted a right to an immediate appeal.
The petitioners correctly state that they have a right to an immediate appeal when a federal court rejects a defense of qualified immunity. They assert that this court should also grant immediate appeals from interlocutory orders which deny a claim of qualified immunity in an action under 42 U.S.C. § 1983. They argue that qualified immunity is not merely an immunity from damages, but immunity from suit and trial as well. Thus, they conclude that a post-trial appeal is inadequate to protect their immunity. The respondent/real party in interest has not responded.1
We assume original jurisdiction pursuant to Art. VII, § 4, of the Oklahoma Constitution in order to address the issue of first impression concerning interlocutory review in civil rights actions brought in state courts. See, First National City Bank of New York v. Smith, 531 P.2d 321 (Okla.1975).
II.
The question before us involves the scope of qualified immunity in § 1983 actions brought in state courts. The qualified immunity doctrine may be stated thus:
“government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mitchell v. Forsyth, 472 U.S. 511, 517, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727 [2738] 73 L.Ed.2d 396 (1982).
Qualified immunity was provided by common law and was not abolished by the enactment of § 1983. Pierson v. Ray, 386 U.S. 547, 554-555, 87 S.Ct. 1213, 1217-1218, 18 L.Ed.2d 288 (1967).
Although § 1983 provides a “uniquely federal remedy”, Mitchum v. Foster, 407 U.S. 225, 239, 92 S.Ct. 2151, 2160, 32 L.Ed.2d 705 (1972), and, thus, a federal cause of action, United States v. Memphis Cotton Oil Co., 288 U.S. 62, 68, [1037]*103753 S.Ct. 278, 280-81, 77 L.Ed. 619 (1933), the courts of this state hear § 1983 claims. Willbourn v. City of Tulsa, 721 P.2d 803 (Okla.1986).
However, the assertion of an immunity is not a state-law created defense to a federal cause of action. The issue of the application of an immunity is one of federal law. Martinez v. California, 444 U.S. 277, 284 n. 8, 100 S.Ct. 553, 558 n. 8, 62 L.Ed.2d 481 (1980) (state sovereign immunity not applicable to § 1983 action in state court). See also, Steinglass, The Emerging State Court § 1983 Action: A Procedural Review, 38 U.Miami L.Rev. 381, 475 (1984). The Court emphasized this point in Felder v. Casey, 487 U.S. 131, 108 S.Ct. 2302, 101 L.Ed.2d 123 (1988), wherein it explained that state immunity law was “preempted” in § 1983 actions brought in state court because state immunity law would thwart the Congressional remedy and that immunities to § 1983 actions were provided by its prior decisions. Id. 108 S.Ct. at 2307. Thus, the scope of qualified immunity in a state court proceeding is the same as that found in a federal court.
III.
There can be no doubt that a defendant is entitled to an immediate appeal from an interlocutory adjudication of qualified immunity in federal court. In Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), a plurality of the Supreme Court2 discussed the earlier Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), and said:
[1038]*1038“Harlow thus recognized an entitlement not to stand trial or face the other burdens of litigation, conditioned on the resolution of the essentially legal question whether the conduct of which the plaintiff complains violated clearly established law. The entitlement is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial. Accordingly, the reasoning that underlies the immediate appealability of an order denying absolute immunity indicates to us that the denial of qualified immunity should be similarly appealable; in each case, the district court’s decision is effectively unreviewable on appeal from a final judgment.” Mitchell v. Forsyth, 472 U.S. at 526-527, 105 S.Ct. at 2815-2816. (Emphasis in original).
The opinion in Mitchell recognized that qualified immunity is an entitlement to not be subject to suit, and that entitlement is effectively lost if the suit erroneously goes to trial. Thus, a review of an erroneous pretrial decision regarding qualified immunity was held available by an appeal.
Federal law is paramount to any state law which conflicts with federal law in § 1983 actions brought in state court. Felder v. Casey, 487 U.S. 131, 108 S.Ct. 2302, 2306, 101 L.Ed.2d 123 (1988). See also, Wolcher, Sovereign Immunity and the Supremacy Clause: Damages Against the States in Their Own Courts for Constitutional Violations, 69 Calif.L.Rev. 189, 239 (1981). In Felder, the court said with regard to a state notice-of-claim statute:
“Because the notice-of-claim statute at issue here conflicts both in its purpose and effects with the remedial objectives of § 1983, and because its enforcement in such actions will frequently and predictably produce different outcomes in § 1983 litigation based solely on whether the claim is asserted in state or federal court, we conclude that the state law is pre-empted when the § 1983 action is brought in state court.” Id. 108 S.Ct. at 2306-2307.
The court thus found a state statute to be preempted because a § 1983 action would have a predictably different outcome merely because the action was brought in state court instead of federal court. The Court emphasized this view when it said that: “States may not apply such an outcome-determinative law when entertaining substantive federal rights in their courts.” Id. 108 S.Ct. at 2308. The Court also said:
“Just as federal courts are constitutionally obligated to apply state law to state claims, see Erie [R. Co. v. Tompkins], supra, 304 U.S. [64], at 78-79, 58 S.Ct. [817], at 822-823 [82 L.Ed. 1188 (1938) ], so too the Supremacy Clause imposes on state courts a constitutional duty ‘to proceed in such manner that all the substantial rights of the parties under controlling federal law [are] protected.’ Garrett v. Moore-McCormack, 317 U.S. 239, 245, 63 S.Ct. 246, 251, 87 L.Ed. 239 (1942).” Felder v. Casey, 108 S.Ct. at 2313.
Thus, state courts have a constitutional duty pursuant to the Supremacy Clause to recognize the “substantial rights” arising out of a federal clause of action when such is brought in state courts.
If an order denying a claim of qualified immunity was not reviewable prior to trial in a state court then it is predictable with certainty that the outcome would be effectively losing the immunity merely because the action was brought in state court. The federally recognized entitlement to qualified immunity is lost if an erroneous pretrial adjudication of that entitlement goes to trial.
Thus, we hold that a defendant’s entitlement to review of an order denying him qualified immunity by a higher court prior to trial is mandated by the Supremacy Clause. Felder v. Casey, supra. However, once we establish that a defendant is entitled to some review of his asserted qualified immunity prior to trial the question still remains as to the form that review will take.
The proceeding before the court is not an appeal from a final order, nor an interlocutory appeal of the nature sane-[1039]*1039tioned by state statutes and decisional law. See, 12 O.S.1981, § 952. This court will not review a trial court order which overrules a motion for summary judgment. Rowan v. Rowan, 523 P.2d 1068 (Okla.1974). The rules of appellate procedure absolutely prohibit considering such a trial court’s order on a certified interlocutory appeal; “[n]o certified interlocutory order shall be considered if taken from an order overruling a motion for summary judgment”. 12 O.S. 1981, Ch. 15, App. 2. Rules of Appellate Procedure in Civil Cases, Rule 1.50.
An interlocutory order adjudicating, a claim of qualified immunity is appealable in federal court pursuant to the collateral order doctrine because the immunity is a “ ‘claim of right separable from, and collateral to, rights asserted in the action’ ”. Mitchell v. Forsyth, 472 U.S. at 527, 105 S.Ct. at 2816. An order adjudicating qualified immunity “ ‘resolve[s] an important issue completely separate from the merits of the action’”. Id. 472 U.S. at 543, 105 S.Ct. at 2824. (Brennan, J., concurring in part and dissenting in part, discussing the scope of the collateral order doctrine) (emphasis added). An appeal of a certified interlocutory order under 12 O.S.1981, § 952(b)(3), must involve an order which “affects a substantial part of the merits of the controversy”. Since qualified immunity is defined under federal law as separate from the merits of the federal cause of action its adjudication in state court would likewise not affect the merits of the federal cause of action. Thus, the order simply could not be appealable as a certified interlocutory order under § 952.
This court does not have appellate jurisdiction by either express constitutional provision or legislative enactment over the trial court’s order before us. The petitioning defendants, tacitly recognizing this, suggest that when a state court entertains a federal civil rights action, an official defendant “should” be able to utilize all the federal avenues of relief available. This requires us to examine whether there is a federally created right to a state court appeal that must be recognized. Does the Supremacy Clause, as interpreted in Felder, mandate providing an interlocutory appeal for trial court decisions denying claims of qualified immunity in state court civil rights actions?
One author noted that Judge Learned Hand viewed the Supremacy Clause as a grant of jurisdiction to state courts, but then the author argued that this view was inconsistent with the Constitution. R. Berger, Congress v. The Supreme Court, 244-258 (1969). More recently, members of the High Court have expressed their views. In F.E.R.C. v. Mississippi, 456 U.S. 742, 102 S.Ct. 2126, 72 L.Ed.2d 532 (1982), the separate opinion by Justice Powell included the following:
“The Court cites Testa v. Katt, 330 U.S. 386, 67 S.Ct. 810, 91 L.Ed. 967 (1947), in support of the proposition that under some conditions the Federal Government may call upon state governmental institutions to decide matters of federal policy. But Testa recognized that, when doing so, Congress must respect the state institution’s own decision-making structure and method. That opinion limited its holding to circumstances under which the state court has ‘jurisdiction adequate and appropriate under established local law to adjudicate this [federal] action.’ Id., at 394 [67 S.Ct. at 815] (emphasis added). The Tes-ta Court then emphasized its meaning by citing Herb v. Pitcairn, 324 U.S. 117, 65 S.Ct. 459, 89 L.Ed. 789 (1945), where the Court stated that ‘[i]t would not be open to us’ to insist on adjudication in a state court of a federal claim arising beyond the jurisdiction of the local court.” Id. 456 U.S. at 773 n. 4, 102 S.Ct. at 2145 n. 4. (Powell, J., concurring in part and dissenting in part).
The majority opinion did not contest this view of the scope of the Supremacy Clause. Id. 456 U.S. at 769-770, 102 S.Ct. at 2142-2143. A similar view was expressed in Justice Harlan’s concurring opinion in General Oil Co. v. Crain, 209 U.S. 211, 232, 28 S.Ct. 475, 52 L.Ed. 754 (1908). Nothing in Testa nor any other Supremacy Clause decision we have seen upsets the traditional [1040]*1040notion that a state may determine the jurisdictional requirements of its own courts.3
The Due Process Clause does not, by itself, mandate any particular form of procedure. Mitchell v. W.T. Grant Company, 416 U.S. 600, 610, 94 S.Ct. 1895, 40 L.Ed.2d 406 (1974). Due process “ ‘is not a technical conception with a fixed content unrelated to time, place and circumstances.’ ” Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). “ ‘[D]ue process is flexible and calls for such procedural protections as the particular situation demands.’ ” Id. The particular situation demands protecting a defendant’s claim of qualified immunity from an erroneous trial court decision so that an immune defendant is not subjected to trial. This court has reviewed a claim of immunity prior to discovery and trial by an original action in this court. Powell v. Seay, 553 P.2d 161 (Okla.1976). In Powell, a suit against a district attorney with prosecutorial immunity, we recognized that a remedy by appeal, i.e., from a final order, would not provide an adequate remedy. Id. 553 P.2d at 164-165. We stated that no cause of action existed against the immune defendant, and further recognized that the order compelling the defendant to submit to discovery was unappealable. Id. 553 P.2d at 165. We issued a writ of prohibition in that case and prohibited the respondent judge from proceeding in a § 1983 action wherein the defendant was immune. Id.
Likewise, a State trial court decision concerning qualified immunity may be reviewed by an original action in this court. A petitioner seeking extraordinary relief obtains review of his claim by this court much sooner than by an ordinary appeal. Thomas v. Hampton, 583 P.2d 506 (Okla.1978). A petitioner is able to establish a record in this court, 12 O.S.1981, Ch. 15, App. 1, Rules of the Supreme Court, 7 and 37, which would not be any great burden since the relevant material would have already been submitted at the trial level. The size of the record so submitted-should not be very large since qualified immunity questions “should be resolved at the earliest possible stage of litigation.” Anderson v. Creighton, 483 U.S. 635, 646 n. 6, 107 S.Ct. 3034, 3042 n. 6, 97 L.Ed.2d 523 (1987). Review of a claim of qualified immunity by an original action in this court clearly satisfies the Due Process Clause.
Our views summarized are these. The Supremacy Clause does not create jurisdiction in a state appellate court where none otherwise exists. Testa v. Katt, supra, and Herb v. Pitcairn, supra. We do not have appellate jurisdiction over the trial court order before us. Rowan v. Rowan, supra. The Supremacy Clause does require recognition of a substantive federal right arising out of a federal cause of action when such action is adjudicated in state court. Felder v. Casey, supra. The federal entitlement in the present case is review, prior to trial, of an erroneous trial court decision denying a claim of immunity. Mitchell v. Forsyth, supra. A trial court order denying a claim of qualified immunity properly presented to a trial court will be reviewed on the merits of the immunity claim prior to trial by an original action in this court properly presenting the claim. Powell v. Seay, supra, and Felder v. Casey, supra. We therefore hold that the petitioners herein are not entitled to an interlocutory appeal, but may seek review of a trial court’s decision concerning qualified immunity via an original action.
IV.
We now address the merits of the immunity defense. The plaintiff’s petition alleged that McLin had been inadequately trained in transporting prisoners; that McLin showed deliberate indifference to the medical needs of the plaintiff while transporting the plaintiff; that “plaintiff suffered great pain and infections due to the pattern of conduct of the defendants, which taken together form a policy of deliberate indifference”; and that “defendant Vinson, who is a physicians assistant, re[1041]*1041fused care of the plaintiff” while the plaintiff was incarcerated in Lexington. Essentially, the plaintiff alleged that the defendants injured him while transporting him from a hospital to a prison and that he received inadequate medical care upon his arrival at the prison.
Since the immunity claim was made in the context of a motion for summary judgment we must examine the undisputed facts to determine if the immunity was shown with regard to the claims of the plaintiff. Summary judgment is appropriate only when there is no substantial controversy as to any material fact. Erwin v. Frazier, 786 P.2d 61, 62 (Okla.1989). The following facts and allegations of fact appear in the plaintiffs deposition attached to the petitioners’ motion.
The plaintiff was transported from Central State Hospital to the correctional center in Lexington. He stated that defendant McLin was driving the transportation van and did not notice a stop sign as he approached an intersection. The correctional officer “slammed on his brakes” but “realizing he was already out into the middle of the road ... just accelerated real fast, as a matter of fact, throwing us into the back of the seat.” He said that this action rein-jured his neck.4 He also said that three turns were handled in careless manner. He stated that the driver did not intend to hurt him, but “I think his intent for driving recklessly and fast was to enable him to get back to> the facility as fast as he possibly could to benefit him getting off of work without any concern or care for the people he was transporting.” He also said that McLin had been complaining to another correctional officer in the van that transporting the prisoners from Norman to Lexington at 5:00 p.m. would “throw us late getting off [work]”.
The inmate also sued Vinson, a physician’s assistant at the corrections infirmary. The medical records are attached to that defendant’s motion. The notes of the physician’s assistant show that the plaintiff was admitted to the Lexington infirmary on July 24, 1987, and placed on medication. One physician’s assessment described the physical examination of the plaintiff on the day of admission and observed that the patient was wearing a neck collar, complaining of pain in the neck, head, and arms and that the surgical wound was “inflamed, swollen and red, tender to palpation.” Another, physician’s assessment described the draining of the surgical wound after admission to the prison infirmary, performance of a bacterial culture, and placing the plaintiff on medication for the abcess. This same physician’s assessment stated that: “[t]he abcess healed without complication ... and [t]he patient was discharged from the infirmary in satisfactory condition.”
The qualified immunity doctrine shields “government officials performing discretionary functions,”5 from liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights.” Mitchell v. Forsyth, 472 [1042]*1042U.S. 511, 517, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). An analysis of a claim of qualified immunity usually requires a court to determine if the applicable law was “clearly established” instead of determining the merits of the plaintiffs claim.6 Whether a defendant violated the law is a different inquiry than whether the law was clearly established at the time of the acts of the defendant. See, Mitchell v. Forsyth, 472 U.S. at 529 n. 10, 105 S.Ct. at 2817 n. 10. However, one court has explained that in a qualified immunity appeal the question of whether a constitutional right is at issue in the first instance should be addressed. Drake v. Scott, 812 F.2d 395, 398-399 (8th Cir.1987), modified on rehearing on other grounds, 823 F.2d 239, cert. denied, 484 U.S. 965, 108 S.Ct. 455, 98 L.Ed.2d 395 (1987). See also, Craft v. Wipf, 836 F.2d 412, 416 n. 1 (8th Cir.1987); Moreno v. Small Business Administration, 877 F.2d 715 (8th Cir.1989). If the undisputed facts in the case before us fail to show the deprivation of any constitutional right as a matter of law then the defendants did not violate a clearly established right, Drake v. Scott, supra, and are immune. Thus, we first address whether the undisputed relevant facts show a legally cognizable claim for relief.
The plaintiff alleged: “That acts of all defendants were in violation of 42 USC Section 1983, as well as the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution, and constituted cruel and unusual punishment.”
The defendants did not “violate” 42 U.S.C. § 1983. Section 1983 “creates no substantive rights; it merely provides remedies for deprivations of rights established elsewhere.” City of Oklahoma City v. Tuttle, 471 U.S. 808, 816, 105 S.Ct. 2427, 85 L.Ed.2d 791 (1985). The plaintiff was not denied the remedy of § 1983 as he filed such an action.
Neither did they violate the plaintiffs rights under the Fifth Amendment. The Fifth Amendment is a limitation on the federal government, Palko v. Connecticut, 302 U.S. 319, 58 S.Ct. 149, 82 L.Ed. 288 (1937), except to the extent such provisions have been incorporated via the 14th Amendment as applicable to the States. See, Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969) (double jeopardy), Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964) (self-incrimination). No facts have been raised by any party as would require an analysis of the provisions of the Fifth Amendment. See, Architectural Building Components Corp. v. Comfort, 528 P.2d 307, 310 (Okla.1974); and Atchison, Topeka & Santa Fe Ry. Co. v. Corporation Commission, 658 P.2d 479, 482 (Okla.1983).
Nor did the defendants violate the plaintiffs rights granted by the Eighth Amendment as to cruel and unusual punishment. The United States Court of Appeals for the Seventh Circuit explained the protection afforded to prisoners by the Eighth Amendment in Wells v. Franzen, 777 F.2d 1258 (7th Cir.1985).
“The eighth amendment protects prisoners from, inter alia, (1) wanton infliction of pain, Gregg v. Georgia, 428 U.S. 153, 173, 96 S.Ct. 2909, 2925, 49 L.Ed.2d 859 (1976), (2) deliberate indifference to serious medical needs, Estelle v. Gamble, 429 U.S. 97, 104-06, 97 S.Ct. 285, 291-92, 50 L.Ed.2d 251 (1976), and (3) shocking prison conditions, Rhodes v. Chapman, 452 U.S. 337, 345-47, 101 S.Ct. 2392, 2398-99, 69 L.Ed.2d 59 (1981).” Id. 777 F.2d at 1263-1264.
The first two are alleged to be implicated in the case before us; the third is not.
The plaintiffs testimony is clear that he alleges the driver to have been negligent in making the stop. Negligence is clearly insufficient to show an Eighth Amendment claim. In Estelle v. Gamble, 429 U.S. at 106, 97 S.Ct. at 292, negligence by a physician in treating a prisoner was held insufficient to state an Eighth Amend[1043]*1043ment claim. The plaintiff’s complaint of an infliction of pain as a result of the driver turning three corners in a careless manner is also inadequate. Conduct of a prison official is not considered cruel and unusual punishment “unless great discomfort is occasioned deliberately as punishment or mindlessly, with indifference to the prisoner’s humanity.” Jackson v. Cain, 864 F.2d 1235, 1243 (5th Cir.1989). The plaintiff admitted that the driving did not amount to a deliberate act of punishment. Nor do we find an indifference to plaintiff’s humanity by the driver’s conduct. See, Duckworth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816, 107 S.Ct. 71, 93 L.Ed.2d 28 (1986), wherein the court concluded that the conduct of officials in transporting prisoners did not violate the Eighth Amendment although prisoners received injuries when they were handcuffed, chained, and physically restricted to a bus which caught fire. We find that the driver’s actions in going through the stop sign and negotiating three turns in an allegedly careless manner while transporting prisoners does not amount to wanton infliction of unnecessary pain under these facts.
With regard to the claim against the physician’s assistant, the medical notes show that the plaintiff’s surgical wound healed without medical complications except for the abcess which was successfully treated. The notes of the physician’s assistant show that the plaintiff was examined upon arrival at the prison infirmary and prescribed medication.
In Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), the Court said:
“We therefore conclude that deliberate indifference to serious medical needs of prisoners constitutes the ‘unnecessary and wanton infliction of pain,’ Gregg v. Georgia, supra [428 U.S.], at 182-183, 96 S.Ct. 2909 [96 S.Ct. at 2925], 49 L.Ed.2d 859 (joint opinion), proscribed by the Eighth Amendment.” Id. 429 U.S. at 104, 97 S.Ct. at 291.
The record shows an absence of a serious medical need on the part of the plaintiff, and without such a showing the plaintiff’s claim against the physician’s assistant is clearly insufficient.
Finally, it is manifest that the petitioners did not violate the plaintiff’s rights granted by the Fourteenth Amendment. Mere allegations of negligence are insufficient to state a claim for a deprivation of the Due Process Clause of that provision. Wilhelm v. Gray, 766 P.2d 1357 (Okla.1988). No facts have been raised as to require an analysis of the other provisions of the Fourteenth Amendment. See, Architectural Building Components Corp. v. Comfort, supra, and Atchison, Topeka & Santa Fe Ry. Co. v. Corporation Commission, supra.
Conclusion.
The petitioners are immune from suit unless their actions violated clearly established constitutional law. Mitchell v. Forsyth, supra. The evidence before the trial court compels the conclusion that the petitioners did not violate the Constitution. Thus, they did not violate clearly established law and are immune from suit and liability for damages in their individual capacities.7 A writ of prohibition will issue to prohibit a court from proceeding with an action against immune defendants. Powell v. Seay, 553 P.2d 161 (Okla.1976). We grant a writ of prohibition and prohibit the respondent or any other assigned judge of the District Court of Cleveland County from proceeding with the plaintiff’s § 1983 action against the petitioners herein.
HARGRAVE, C.J., and HODGES, LAVENDER, DOOLIN, ALMA WILSON and KAUGER, JJ., concur.
SIMMS, J., concurs in result.
OPALA, V.C.J., dissents.