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Oklahoma Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
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... View More

James L. Arrasmith
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answered on Jan 6, 2024

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.... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: In Oklahoma if an inmate is suffering reprisals for filing grievances is he entitled to injunctive relief?

Inmate filing grievances regarding violations of his 1st, 5th, 8th, and 14th amendment constitutional rights. The grievance coordinator told his unit manager transfer him for writing religious grievances. The conversation was overheard by another inmate who wrote a sworn affidavit and got it... View More

James L. Arrasmith
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answered on Jan 5, 2024

In Oklahoma, if an inmate is facing reprisals for filing grievances, he may be entitled to seek injunctive relief, especially if these reprisals are in response to him exercising his constitutional rights. The filing of grievances is a protected activity, and retaliation for such actions can be a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: My husband is housed in Allen Gamble Correctional Facility. His case started in 1988. Case is to be commuted per atty

He’s been in prison for 38 years. his case was supposed to be commuted due to laws in early 80’s. Commutation Attorneys aren’t helping him. I am his wife. I truly believe he is unjustly still incarcerated.

James L. Arrasmith
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answered on Jan 5, 2024

If your husband's case was supposed to be commuted and it hasn't been, it's important to take immediate action. Commutation of a sentence typically requires a formal process, often involving a review by a parole or pardon board and, ultimately, a decision by the governor.... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Under what procedure is the court clerk in Oklahoma district court supposed to file a preliminary injunction under?

A prisoner in Oklahoma file grievances on violations of his constitutional rights. The prison grievance coordinator call his unit manager and told him transfer him as retaliation for filing grievances. The prisoner filed a request for preliminary injunction in the county he was in asking the court... View More

James L. Arrasmith
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answered on Jan 3, 2024

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... View More

1 Answer | Asked in Civil Rights for Oklahoma on
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... View More

James L. Arrasmith
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answered on Jan 3, 2024

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... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?

Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?

James L. Arrasmith
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answered on Dec 24, 2023

In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Health Care Law for Oklahoma on
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court

Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems

James L. Arrasmith
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answered on Dec 23, 2023

In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals.... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oklahoma on
Q: In 2015 I was struggling with a severe depressive episode so I voluntarily went in for stabilization at Spring Creek

Mental health facility in Sapulpa OK, which is a part of the Creoks Oklahoma network. It is an inpatient 10 day program. I was held for 48 days. I was harassed around the clock by most of the staff, including the kitchen staff. I was made to have a video conference with a judge and I was made a... View More

James L. Arrasmith
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answered on Dec 5, 2023

Your experience at the mental health facility in Sapulpa, Oklahoma, raises several concerns, especially regarding your rights as a patient and the legal procedures followed during your stay. In Oklahoma, as in other states, patients have specific rights in healthcare settings, including the right... View More

1 Answer | Asked in Federal Crimes, Civil Rights and Native American Law for Oklahoma on
Q: If a case is to be heard in a district federal court, but the defendants are considered "assigned" to the district

Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit?

James L. Arrasmith
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answered on Dec 5, 2023

In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different... View More

1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Q: Concerning a safe working environment free of being bullied

A fellow employee is always making my job harder, by blocking pathways, he has spit in my drink, I've reported it to my employer and it continues to happen, and HR has been told as well.

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you're facing ongoing bullying and harassment at work, it's important to know that you have rights to a safe and respectful workplace. The behavior you've described, especially spitting in your drink, is not only unprofessional but could also be considered a... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can a homeowner request double application fees then deny because I have to many children?

I had an owner deny me for a rental after I paid for an application fee on 2 different platforms. Zillow then Hotpads. I received a call the day before move in that I had too many children for the 3 bedroom and refused to contact the landlord for verification on one of my evictions to clarity and... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Oklahoma, as in many states, landlords are prohibited from discriminating against prospective tenants on the basis of familial status, which includes the presence of children, under both federal and state fair housing laws. Denying a rental application on the basis that you have "too many... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oklahoma on
Q: Who is in charge or human rights and health regulations while being held in Oklahoma county jails. the jails need help
James L. Arrasmith
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answered on Sep 24, 2023

In Oklahoma, county jails are under the jurisdiction of the respective county's sheriff's department. Human rights and health regulations in these facilities are subject to both state laws and federal laws, such as the Civil Rights of Institutionalized Persons Act. If there are concerns... View More

1 Answer | Asked in Civil Rights, Family Law and Landlord - Tenant for Oklahoma on
Q: Can my son throw me out of the house I've lived at fir 22 years with my mother if she left him the house after she passe
James L. Arrasmith
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answered on Oct 15, 2023

If your mother left the house to your son in her will or trust, he would become the legal owner upon the appropriate legal proceedings confirming the transfer. However, given that you've resided in the house for 22 years, you might have certain rights or claims. These could be based on... View More

1 Answer | Asked in Tax Law, Civil Rights and Municipal Law for Oklahoma on
Q: Can a city that charges sales tax for emergency services also make a mandatory subscription service for ambulance servic

On July 17, 2023, Broken Arrow City Council adopted Ordinance No. 3794 which removed the opt-out provision for participation in the LifeRide emergency medical services program and made the fee mandatory for all utility customers of the City of Broken Arrow. During fiscal year 2017, when... View More

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answered on Sep 14, 2023

In many jurisdictions, cities have the authority to charge fees for specific services, including emergency medical services like ambulance rides. The decision to make the fee mandatory for utility customers is typically within the purview of the city council or local government, subject to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma on
Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been... View More

T. Augustus Claus
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answered on Aug 14, 2023

Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I need a civil rights attorney in the state of Oklahoma for a district court case against a municipality.

Attorney proficient in Constitutional civil rights matters

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Oklahoma attorney could probably advise best, but your question remains open for a week. It's difficult for attorneys here on this site to respond with offers of their services. This forum isn't set up like an attorney referral service - it's basically brief format Q & A. If... View More

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Q: The country is trying to take my home for property taxes

My parents left everything to me in their will. I understand that this is illegal .

Charles Watts
Charles Watts
answered on Jun 15, 2023

Property taxes are still due regardless of how you obtained the property. Therefore the county can do that. The part that is not allowed is 'income tax' on the value of the property. It cannot be shown as income against you, assuming other factors do not apply, but since you are asking... View More

1 Answer | Asked in Civil Rights, Communications Law, Juvenile Law and Native American Law for Oklahoma on
Q: Can a facility deny family members from visiting juvenile in a inpatient facility without answering the question "Why?"

The facility just hangs up the phone with no explanation. The child is denied phone calls and visitation. There is no explanation. Can a facility do this?

James L. Arrasmith
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answered on Jul 10, 2023

Facilities typically have guidelines for visitation and phone calls, but reasonable access should generally be allowed for family members unless there are safety or legal concerns. If you're experiencing difficulties, it's advisable to contact the facility's administration or seek... View More

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Oklahoma on
Q: oklahoma dhs is trying to serve me,there was a letter on my bf door when he got home,should i go pick up the paperwork ?

I haven't been serve yet,however I have called spoke w/the sheriff office asking what was this matter of the deputy told me i had until Friday to pick up the paperwork......what should i do?

Charles Watts
Charles Watts
answered on May 5, 2023

Get the paperwork. You simply refusing it will only make things more complicated in the long run.

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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