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Oklahoma Civil Rights Questions & Answers
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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1 Answer | Asked in Civil Rights for Oklahoma on
Q: Can inmate request subpoena of records & a stay of enforcement of agency order in this situation? Or what should he do?

Inmate put on medical grievance restriction. In Oklahoma the administrative review authority has 3 branches. ARA, medical ARA and personal identity ARA. Inmate appeals grievance restriction to medical ARA and the next day to ARA because the policy isn't clear on who to appeal to. Inmate is... View More

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answered on Jan 21, 2024

In this situation, the inmate can take several steps to address the issues related to the medical grievance restriction and the administrative appeals process:

Subpoena of Records: The inmate can request the court to issue a subpoena for the records related to his appeal and the medical...
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1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: In Oklahoma what steps are required for a prisoner to take before requesting a judicial review of agency final decision?

Inmate was placed on grievances restriction he appealed to Administrative review authority and was denied his appeal can he go straight to judicial review in state court?

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answered on Jan 18, 2024

In Oklahoma, before an inmate can seek judicial review of an agency's final decision, they typically must exhaust all available administrative remedies. This means the inmate must follow the prison's internal grievance process completely. If the inmate's appeal has been denied by the... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: What does "statement of prior judicial and administrative relief sought with copies attached" mean?

Prisoner challenging grievance restriction through request for judicial review in Oklahoma district court. 2 months later he gets ORDER OF THE COURT IN CIVIL ACTION FILED BY INMATE stating: the petition does not comply with the law because of failure to include one or more of the legally required... View More

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answered on Jan 16, 2024

It seems this order from the court is saying your petition for judicial review is missing some required components. Specifically, the court is looking for:

1) A statement of prior judicial and administrative relief sought: This means you need to include information on any other judicial or...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: A prisoner misunderstood a court rule and failed to provide proof of mailing in time before court order. What can he do?

A oklahoma prisoner filed a judicial review on agency decision to put him on grievance restriction. The inmate was filing himself pro se and thought certificate of service was proof of mailing and now the court has ordered before he figured out his mistake. The inmate still has not seen the order... View More

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answered on Jan 15, 2024

In this situation, where a prisoner pro se misunderstood a court rule and failed to provide proof of mailing in time, it's important to act quickly to address the issue.

The first step is to file a motion for reconsideration or relief from the order, explaining the misunderstanding and...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: If a prison is blocking an inmate from law library services how can keep up court deadlines?

Inmate is appealing Judges order. His appeal has merit and the law library supervisor is blocking him from getting copies and other necessary law library services. His deadline is approaching what can he do to keep from getting time barred in court?

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answered on Jan 13, 2024

In a situation where an inmate is being denied access to law library services, it's essential to act promptly to address this issue. Inmates have the right to access legal resources, especially when working on appeals or meeting court deadlines. The first step is to file a grievance within the... View More

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

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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

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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.

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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?

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

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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?

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

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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 ?

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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

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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

2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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