A. Any action initiated against any person, party or entity, the state, the Department of Corrections, another state agency, or political subdivision, or an original action in an appellate court, or an appeal of an action whether or not the plaintiff was represented in the district court, by an inmate may be:

1. Dismissed with or without prejudice, by the court on its own motion or on a motion of the defendant, if all administrative and statutory remedies available to the inmate have not been exhausted; or

2. Dismissed with prejudice, by the court on a motion of the defendant, if the court is satisfied that the action is frivolous or malicious.

B. As used in this section:

1. "Frivolous" means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law, or being maintained solely or primarily for delay or to harass the party filed against;

2. "Inmate" or "inmate in a penal institution" includes, but is not limited to, a person in the custody or under the supervision of the Department of Corrections or the Federal Bureau of Prisons, a person who has been convicted of a crime and is incarcerated for that crime in a county jail, a person who is being held in custody for trial or sentencing, or a person on parole; and

3. "Malicious" means filing numerous actions, or actions brought in bad faith on de minimus issues.

C. If the court determines before or at trial that one or more of the causes of action are frivolous or malicious, any one or more of the following sanctions may be imposed:

1. Award attorney fees and actual costs incurred by the state, the Department of Corrections, another state agency, a political subdivision, the Attorney General's Office, or the defendant, not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per frivolous cause of action;

2. Court costs not to exceed Five Hundred Dollars ($500.00) per cause of action;

3. Order the Department of Corrections to revoke up to seven hundred twenty (720) earned credits accrued by the inmate. In any case in which the prisoner submits a frivolous or malicious claim, or one that is intended solely or primarily for delay or to harass the party filed against, or testifies falsely or otherwise presents false evidence or information to the court in depositions or in a notarized statement to the court or commits a fraud upon the court, the prisoner shall suffer a loss of earned credits. The earned credits shall be deducted upon a finding of fact and an order of the court. In the absence of such a finding by the court and upon review and recommendation by the Office of the Attorney General, a prison disciplinary hearing may be held to determine whether the prisoner has filed such a claim or evidence. Upon such a finding, the earned credits of the prisoner shall be revoked by the Department or political subdivision;

4. Order the Department or political subdivision to revoke permission to have nonessential personal property of the inmate, including, but not limited to, televisions, radios, stereos, or tape recorders. If permission is revoked, the Department shall take appropriate precautions to protect the property during the period of the revocation;

5. Impose a civil sanction in an amount not to exceed One Thousand Dollars ($1,000.00); or

6. Impose a monetary judgment against the inmate, not to exceed Five Hundred Dollars ($500.00), to be paid to each named defendant.

D. Any award of attorney fees, or costs, or the imposition of a sanction shall serve as a judgment against the inmate and the Department or political subdivision is authorized to take up to eighty percent (80%) of the inmate's nonmandatory savings trust funds per month until paid. The judgment shall be subject to execution without further order of any court for a period of seven (7) years from the date of an award or imposition of a sanction.

Historical Data

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Added by Laws 1985, HB 1326, c. 57, � 5, eff. November 1, 1985; Amended by Laws 1995, HB 1177, c. 141, � 2, eff. November 1, 1995; Amended by Laws 1999, SB 575, c. 127, � 1, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2002, HB 2416, c. 402, � 8, emerg. eff. July 1, 2002 (superseded document available).

Citationizer^� Summary of Documents Citing This Document

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Cite	Name	Ebene
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Ebene
	2001 OK CR 23, 30 P.3d 1160, 72 OBJ 2621,	TAYLOR v. STATE	Discussed
	2002 OK CR 25, 49 P.3d 754,	WASHINGTON v. DEPARTMENT OF CORRECTIONS	Discussed
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Ebene
	2004 OK CIV APP 23, 86 P.3d 1088,	DUBUC v. SIRMONS	Cited
	2000 OK CIV APP 27, 1 P.3d 438, 71 OBJ 1232,	LOWE v. CANTRELL	Cited
	1999 OK CIV APP 16, 976 P.2d 562, 70 OBJ 1265,	Lowe v. Champion	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Ebene
	2003 OK 79, 78 P.3d 83,	STATE ex rel. STATE INSURANCE FUND v. GREAT PLAINS CARE CENTER, INC.	Cited
	2003 OK 102,	IN RE ADDENDUM TO THE OKLAHOMA SUPREME COURT RULES	Cited
	2004 OK 19, 90 P.3d 546,	MEHDIPOUR v. STATE ex rel. DEPT. OF CORRECTIONS	Cited
	1999 OK 26, 977 P.2d 1089, 70 OBJ 1069,	Shabazz v. Keating	Discussed at Length
Oklahoma Session Laws - 2002
	Cite	Name	Ebene
	2002 O.S.L. 402, 2002 O.S.L. 402,	Inmate lawsuits; modifying provisions regarding prisoner litigation. Effective date. Emergency.	Discussed
Title 12. Civil Procedure
	Cite	Name	Ebene
	12 O.S. RULE 1.36,	ACCELERATED PROCEDURE FOR SUMMARY JUDGMENTS AND CERTAIN DISMISSALS	Cited
	12 O.S. 2003.1,	Commencement Of Actions By Inmates	Cited
Title 57. Prisons and Reformatories
	Cite	Name	Ebene
	57 O.S. 566,	Types of Dismissal - Terms Defined - Sanctions - Award of Attorney Fees	Cited
	57 O.S. 566,	Types of Dismissal - Sanctions - Award of Attorney Fees	Cited

Citationizer: Table of Authority

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Cite	Name	Ebene
Title 57. Prisons and Reformatories
	Cite	Name	Ebene
	57 O.S. 566,	Types of Dismissal - Terms Defined - Sanctions - Award of Attorney Fees	Cited