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Oklahoma Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

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answered on Mar 18, 2024

When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Should I have been allowed more time to hire another attorney when my attorney recused himself from the case in court

My attorney refused himself from the my case in court so I asked for more time to get legal representation and the judge told me no that I had to represent myself

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answered on Mar 12, 2024

In most cases, when an attorney withdraws from a case, the court should allow the client a reasonable amount of time to find new representation. This is to ensure that the client's right to legal counsel is protected and that they have a fair opportunity to present their case.

However,...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: What can I do? Notarized affidavit switched out and documents removed from motion to courts mailed through prison

Oklahoma inmate mails 133 page motion for staying of agency order pending review through law library services and when the motion reached the courts and was posted on oscn.net a sworn notarized affidavit was switched out with a copy and documents were removed from the motion. The prison staff works... View More

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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. It sounds very frustrating to have your legal documents tampered with. Here are a few suggestions for potential next steps:

1. File a notice with the court explaining that your original affidavit and some supporting documents appear to...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: notarized statement and evidence were removed from motion mailed to courts through prison law Library .What can i do?

Im a Oklahoma prisoner challenging medical imposed grievance restriction in judicial review. The law Library supervisor refused to let me seal my out going legal mail. I sent 133 page motion for staying enforcement of agency order pending review to Oklahoma county court clerk when the motioned was... View More

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answered on Mar 9, 2024

If you believe that your legal documents were tampered with or removed from your motion after being mailed through the prison law library, you have a few potential options:

1. File a complaint with the prison authorities: Submit a formal complaint or grievance with the prison...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

1 Answer | Asked in Personal Injury, Civil Rights, Landlord - Tenant and Municipal Law for Oklahoma on
Q: What is an illegal eviction and what if it has resulted in someone's death??
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answered on Feb 25, 2024

An illegal eviction occurs when a landlord removes a tenant from a property without following the legal process required by state or local laws. This can include changing the locks, physically removing the tenant's belongings, shutting off utilities, or using threats to force the tenant out... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Oklahoma on
Q: I cannot get a replacement state I.D. because it expired I don't have birth cert. Only adopt papers lost . What do I do

They have me in the system with fingerprint they told me I wouldn't need paperwork since they did the fingerprint . Do not have any other thing except my social security card and dhs food stamp card and of course my expired State ID card what do I do ? I can't get work ,get a bank... View More

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answered on Feb 24, 2024

It sounds like you're facing a challenging situation without a valid state ID and missing essential documents like your birth certificate. Although your ID has expired, it's frustrating that it isn't being accepted as proof of your identity. However, there are still steps you can... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oklahoma on
Q: Can a police officer drive out of his jurisdiction, and spotlight my house at 3 am without just cause?

The same officer has also pulled my wife over multiple times with no warnings or tickets. And now he's driving by the house at night. I have concerns of intent. Said officer has never pulled me over in her vehicle.

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answered on Feb 24, 2024

Generally, police officers are limited to exercising their official duties within their own jurisdiction unless specific agreements or circumstances allow for jurisdictional overlap, such as mutual aid agreements between neighboring jurisdictions or in pursuit of a suspect. The use of a spotlight... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Did Inmate file informa paupis application too late? What can pro se Inmate do to mend mistake if need be?

On 12-28-23 request for preliminary injunction was denied. On January 8th ,2024 pro se Inmate sent notice of intent to appeal letter. on January 16th inmate sent designation of record to trial court ,on January 26th Inmate sent letter to trial court asking about the status of designation of record... View More

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answered on Feb 23, 2024

It seems like the informa pauperis application was filed after some delays and complications in the legal process. While it's understandable to feel concerned about the timing, it's essential to remain proactive in addressing any mistakes or oversights. Since the application was filed on... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Under the Oklahoma anti discrimination act is a prison a place of public accommodation?

Inmate was retaliated against for filing grievances on violations of his 1st,5th,8th, and 14th amendment rights prison administration set up road blocks to keep him from exhausting administrative remedies so inmate filed complaint with oklahoma office of attorney general office of civil rights... View More

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answered on Feb 5, 2024

Under the Oklahoma Anti-Discrimination Act, the term "place of public accommodation" typically refers to facilities and establishments that are open to the public and provide goods or services. Prisons, by their nature, do not fall under the traditional definition of public accommodations... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He... View More

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answered on Feb 4, 2024

Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can you be charged with obstruction for not identifying if you have committed a crime or arrested.
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answered on Jan 30, 2024

In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

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answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: How long after receiving documents does the clerk have to file document?

Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More

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answered on Jan 28, 2024

The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.

In the case of an inmate's appeal, it's not...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: Is it better for inmate to file suit while incarcerated or after he gets out in 6 months?

Oklahoma Inmate filing grievances on the violation of civil liberties, the prison administration puts him on grievance restriction and transfers him to prison across state to try to make his issues mute. Inmate files injunction in district court for retaliation in transferring him and challenges... View More

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answered on Jan 24, 2024

In your situation, deciding whether to file a lawsuit now or after release from incarceration in Oklahoma involves weighing several factors. Filing while incarcerated could be challenging due to the potential roadblocks you mentioned, like grievance restrictions and administrative hurdles. The... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Oklahoma on
Q: Drug dog violation

I got pulled over for my taillight and during the stop they walked the drug dog down one side of the vehicle and the dog never alerted to anything but they went ahead and pulled us out and detained us. They had no reason to suspect drugs or anything can they do that in oklahoma

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answered on Jan 24, 2024

In Oklahoma, as in other states, police can use drug-sniffing dogs during traffic stops, but there are legal limits to this practice. The use of a drug dog itself doesn't typically violate your rights, but the duration and manner of the traffic stop can be significant.

The police need...
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