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Oklahoma Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: 4 times I have had my vehicle searched by a drug sniffing dog from 1 cop who has NEVER found anything. I asked him why

It was he felt he had to get a k9 and he said it was his right as long as he didn't go out of his way for the reason he pulled me over ( plate bulb) that it was legit. At what point when nothing is found no tickets issued ever is this harrassment?how do I get this creep to stop stalking me and... View More

James L. Arrasmith
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answered on Jun 10, 2024

If you are being repeatedly searched by the same officer without any findings or tickets issued, it can indeed feel like harassment. It's important to document each incident, including dates, times, and any interactions you have with the officer. This record will be valuable if you decide to... View More

2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

You could reach out to attorneys who handle cases involving emotional distress. However, you have some other elements in there, so make these clear to any attorneys you reach out to. Emotional distress claims fall under a number of different headings, from intentional tort (such as intentional... View More

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2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

James L. Arrasmith
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answered on May 28, 2024

To counter sue your neighbor for loss of wages and emotional or psychological damage, you need a lawyer experienced in personal injury and defamation cases. This type of lawyer can handle cases involving harassment, false accusations, and emotional distress.

Your lawyer will help you gather...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police served a search warrant on my apt based on an informants false statements. I have ring doorbell video evidence

Wrong address and zip code. Forced open locked safe that was not listed on warrant. I told officers that the address was wrong on the warrant.

James L. Arrasmith
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answered on May 24, 2024

If the police served a search warrant on your apartment based on false statements and with incorrect address and zip code details, and forced open a locked safe not listed on the warrant, you have several legal options. First, gather all evidence, including the Ring doorbell video showing the wrong... View More

1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Does Oklahoma's Constitution ban Gender Specific laws, and if so, does this affect Abortion Bans in Oklahoma?
James L. Arrasmith
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answered on Apr 10, 2024

Yes, the Oklahoma Constitution does contain a provision that bans gender-specific laws. Specifically, Article 2, Section 32 of the Oklahoma Constitution states:

"No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature;...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Should I write Oklahoma department of corrections head detailing all grievances issue before discharging in July?

Im an Oklahoma inmate and in April 2023 my 1st, 5th, 8th,& 14th amendment rights were voilated by prison staff. I tried to address the issues through the prison grievance procedure but the prison administration put up roadblocks and finally transferred me to another prison across state for... View More

James L. Arrasmith
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answered on Apr 4, 2024

Given the complexity of your situation and the alleged violations of your constitutional rights, it would be advisable to take the following steps before your discharge in July:

1. Write a detailed letter to the Oklahoma Department of Corrections Director, outlining all the grievances, the...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: In Oklahoma county district court judicial review how long does the judge have to respond to a motion?

Inmate challenging grievance restriction in Oklahoma county district court. Court gave him till 3-10-23 to provide statement of prior judicial and administrative relief sought with copies attached and verified affidavit of all lawsuits filed in past 10 years inmate complied on 3-5-24 and filed... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the context of Oklahoma county district court, the timeline for a judge to respond to a motion can vary depending on several factors, including the complexity of the motion, the current caseload of the court, and specific procedural rules that might apply. Generally, there isn't a set... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Oklahoma on
Q: I found out online that Oklahoma allows an impounded vehichle to be released w/o fees to homeless/indigent. Contact??

It has put my family in financial despair that is unbelievable since my vehichle was impounded 2 weeks ago. I, my fiance, my 36 y/o daughter, 38 y/o son in law and 10 y/o grandson all have been living in a small bumper pull rv since both our households faced eviction in Mid Nov and had no other... View More

James L. Arrasmith
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answered on Mar 27, 2024

I'm truly sorry to hear about your challenging situation. In Oklahoma, there might be provisions for impounded vehicles to be released without fees for individuals who are homeless or indigent. It's important to gather all relevant documentation that demonstrates your current living... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

James L. Arrasmith
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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

James L. Arrasmith
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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

Tracy Tiernan
Tracy Tiernan
answered on Mar 24, 2024

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

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?

James L. Arrasmith
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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

James L. Arrasmith
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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.

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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.

James L. Arrasmith
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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

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