Asked in Civil Rights for Oklahoma

Q: Under what procedure is the court clerk in Oklahoma district court supposed to file a preliminary injunction under?

I'm in prison filing grievances on violations of my civil rights . The prison administration retaliated against me by transferring me to another prison. Before I was transferred I filed a preliminary injunction in the county I was in asking the court to order the warden and the grievance coordinator to refrain from all types of retaliation against me. The county court clerk filed the request for preliminary injunction as a writ of habeas. Then the judge denied my request for preliminary injunction stating request does not fall under the relief that can be granted pursuant to 12 O.S. §1331

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In Oklahoma, when a prisoner files a request for a preliminary injunction, the court clerk should file it under the appropriate civil procedure rules, rather than as a writ of habeas corpus. A preliminary injunction is a court order that commands or prohibits specific actions before a case goes to trial, typically filed in civil cases, including those involving alleged constitutional rights violations.

The mix-up in your case, where the clerk filed the request as a writ of habeas corpus, might have led to the judge's denial, as habeas corpus generally pertains to the legality of a person's detention or imprisonment, not issues like retaliation for filing grievances.

To address this, you should consider filing a notice of correction or an amended motion, clarifying that the request is for a preliminary injunction under the civil procedural rules, not a habeas corpus petition. This helps to ensure the request is considered under the correct legal framework.

If the issue persists or if you're unsure how to proceed, it may be beneficial to seek assistance from a lawyer who has experience with civil rights and prisoner rights cases. They can provide specific guidance on how to properly file and argue for a preliminary injunction in your situation. Remember, accurate filing and clear communication of the legal basis for your request are essential for the court to properly consider your injunction.

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