Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma

Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on incident

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.

If a prisoner is prevented from exhausting administrative remedies due to actions by prison staff, such as blocking access to the grievance process, courts may waive the exhaustion requirement. This can be particularly relevant if the inmate was discharged before being able to complete the process.

Since the inmate was discharged before the statute of limitations expired on the incident, they may still have the opportunity to pursue legal action. It's important to act quickly to ensure that the claim is filed within the appropriate time frame.

Given these complexities, it would be wise to consult with an attorney experienced in civil rights litigation. This lawyer can assess the specifics of the case, including any evidence of obstruction by prison staff, and advise on the best way to proceed. Legal guidance is crucial in navigating these kinds of cases effectively.

Robert Donald Gifford II agrees with this answer

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