{"data":{"id":"us-ok/okla.-stat.-tit.-51-51-154v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 51, § 51-154v1","heading":"Extent of liability – Wrongful criminal felony","body":"convictions resulting in imprisonment - Punitive or exemplary\n\ndamages - Joinder of parties - Several liability.\n\nA. The total liability of the state and its political\n\nsubdivisions on claims within the scope of The Governmental Tort\n\nClaims Act, arising out of an accident or occurrence happening after\n\nOctober 1, 1985, Section 151 et seq. of this title, shall not\n\nexceed:\n\n1. Twenty-five Thousand Dollars ($25,000.00) for any claim or\n\nto any claimant who has more than one claim for loss of property\n\narising out of a single act, accident, or occurrence;\n\n2. Except as otherwise provided in this paragraph, One Hundred\n\nTwenty-five Thousand Dollars ($125,000.00) to any claimant for a\n\nclaim for any other loss arising out of a single act, accident, or\n\noccurrence. The limit of liability for the state or any city or\n\ncounty with a population of three hundred thousand (300,000) or more\n\naccording to the latest Federal Decennial Census, or a political\n\nsubdivision as defined in subparagraph s of paragraph 11 of Section\n\n152 of this title, shall not exceed One Hundred Seventy-five\n\nThousand Dollars ($175,000.00). Except however, the limits of the\n\nliability for the University Hospitals and State Mental Health\n\nHospitals operated by the Department of Mental Health and Substance\n\nAbuse Services for claims arising from medical negligence shall be\n\nTwo Hundred Thousand Dollars ($200,000.00). For claims arising from\n\nmedical negligence by any licensed physician, osteopathic physician\n\nor certified nurse-midwife rendering prenatal, delivery or infant\n\ncare services from September 1, 1991, through June 30, 1996,\n\npursuant to a contract authorized by subsection B of Section 1-106\n\nof Title 63 of the Oklahoma Statutes and in conformity with the\n\nrequirements of Section 1-233 of Title 63 of the Oklahoma Statutes,\n\nthe limits of the liability shall be Two Hundred Thousand Dollars\n\n($200,000.00); or\n\n3. One Million Dollars ($1,000,000.00) for any number of claims\n\narising out of a single occurrence or accident.\n\nB. 1. Beginning on July 1, 2025, claims shall be allowed for\n\nwrongful criminal felony conviction resulting in imprisonment if the\n\nclaimant has received a full pardon on the basis of a written\n\nfinding by the Governor of actual innocence for the crime for which\n\nthe claimant was sentenced or has been granted judicial relief\n\nabsolving the claimant of guilt on the basis of actual innocence of\n\nthe crime for which the claimant was sentenced. The Governor or the\n\ncourt shall specifically state, in the pardon or order, the evidence\n\nor basis on which the finding of actual innocence is based.\n\n2. As used in paragraph 1 of this subsection, for a claimant to\n\nrecover based on \"actual innocence\", the individual must meet the\n\nfollowing criteria:\n\na. the individual was charged, by indictment or\n\ninformation, with the commission of a public offense\n\nclassified as a felony,\n\nb. the individual was sentenced to incarceration for a\n\nterm of imprisonment as a result of the conviction,\n\nc. the individual was imprisoned solely on the basis of\n\nthe conviction for the offense, and\n\nd. (1) in the case of a pardon, a determination was made\n\nby either the Pardon and Parole Board or the\n\nGovernor that the offense for which the\n\nindividual was convicted, sentenced and\n\nimprisoned, including any lesser offenses, was\n\nnot committed by the individual, or\nment as a result of the conviction,\n\nc. the individual was imprisoned solely on the basis of\n\nthe conviction for the offense, and\n\nd. (1) in the case of a pardon, a determination was made\n\nby either the Pardon and Parole Board or the\n\nGovernor that the offense for which the\n\nindividual was convicted, sentenced and\n\nimprisoned, including any lesser offenses, was\n\nnot committed by the individual, or\n\n(2) in the case of judicial relief, a court of\n\ncompetent jurisdiction found by clear and\n\nconvincing evidence that the offense for which\n\nthe individual was convicted, sentenced and\n\nimprisoned, including any lesser included\n\noffenses, was not committed by the individual and\n\nissued an order vacating, dismissing or reversing\n\nthe conviction and sentence and providing that no\n\nfurther proceedings can be or will be held\n\nagainst the individual on any facts and\n\ncircumstances alleged in the proceedings which\n\nhad resulted in the conviction.\n\n3. A claimant shall not be entitled to compensation for any\n\npart of a sentence in prison during which the claimant was also\n\nserving a concurrent sentence for a crime not covered by this\n\nsubsection.\n\n4. The total liability of the state and its political\n\nsubdivisions on any claim within the scope of The Governmental Tort\n\nClaims Act arising out of wrongful criminal felony conviction\n\nresulting in imprisonment shall be in an amount equal to Fifty\n\nThousand Dollars ($50,000.00) multiplied by the number of years\n\nserved in prison, expressed as a fraction to reflect partial years.\n\n5. In addition to the award of damages provided for in\n\nparagraph 4 of this subsection, a claimant who served his or her\n\ntime on death row shall be entitled to receive supplemental\n\ncompensation in the amount of Fifty Thousand Dollars ($50,000.00)\n\nmultiplied by the number of years the person served on death row,\n\nexpressed as a fraction to reflect partial years.\n\n6. In addition to the award of damages provided for in\n\nparagraph 4 of this subsection, a claimant who was released on\n\nparole or released under conditions of probation shall be entitled\n\nto receive supplemental compensation in the amount of Twenty-five\n\nThousand Dollars ($25,000.00) multiplied by the number of years the\n\nperson was on parole or under probation, expressed as a fraction to\n\nreflect partial years.\n\n7. A claimant entitled to compensation under the provisions of\n\nthis subsection shall be entitled to an award of damages under this\n\nsubsection of One Million Dollars ($1,000,000.00) or less shall be\n\npaid to the claimant in a lump sum. If an award of damages under\n\nthis subsection exceeds One Million Dollars ($1,000,000.00), then\n\nOne Million Dollars ($1,000,000.00) of the award shall be paid to\n\nthe claimant in a lump sum and the remainder shall be paid annually\n\nin equal payments over a period of three (3) years.\n\n8. The provisions of this subsection shall apply to\n\nexonerations occurring on and after July 1, 2025.\n\nC. No award for damages in an action or any claim against the\n\nstate or a political subdivision shall include punitive or exemplary\n\ndamages.\n\nD. When the amount awarded to or settled upon multiple\n\nclaimants exceeds the limitations of this section, any party may\n\napply to the district court which has jurisdiction of the cause to\n\napportion to each claimant the claimant's proper share of the total\n\namount as limited herein. The share apportioned to each claimant\n\nshall be in the proportion that the ratio of the award or settlement\n\nmade to him bears to the aggregate awards and settlements for all\n\nclaims against the state or its political subdivisions arising out\n\nof the occurrence. When the amount of the aggregate losses\n\npresented by a single claimant exceeds the limits of paragraph 1 or\n\n2 of subsection A of this section, each person suffering a loss\n\nshall be entitled to that person's proportionate share.\n\nE. The total liability of resident physicians and interns while\ntlements for all\n\nclaims against the state or its political subdivisions arising out\n\nof the occurrence. When the amount of the aggregate losses\n\npresented by a single claimant exceeds the limits of paragraph 1 or\n\n2 of subsection A of this section, each person suffering a loss\n\nshall be entitled to that person's proportionate share.\n\nE. The total liability of resident physicians and interns while\n\nparticipating in a graduate medical education program of the\n\nUniversity of Oklahoma College of Medicine, its affiliated\n\ninstitutions and the Oklahoma College of Osteopathic Medicine and\n\nSurgery shall not exceed One Hundred Thousand Dollars ($100,000.00).\n\nF. The state or a political subdivision may petition the court\n\nthat all parties and actions arising out of a single accident or\n\noccurrence shall be joined as provided by law, and upon order of the\n\ncourt the proceedings upon good cause shown shall be continued for a\n\nreasonable time or until such joinder has been completed. The state\n\nor political subdivision shall be allowed to interplead in any\n\naction which may impose on it any duty or liability pursuant to The\n\nGovernmental Tort Claims Act.\n\nG. The liability of the state or political subdivision under\n\nThe Governmental Tort Claims Act shall be several from that of any\n\nother person or entity, and the state or political subdivision shall\n\nonly be liable for that percentage of total damages that corresponds\n\nto its percentage of total negligence. Nothing in this section\n\nshall be construed as increasing the liability limits imposed on the\n\nstate or political subdivision under The Governmental Tort Claims\n\nAct.","path":["OK Code","Title 51"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e43729e6a45da74a09ecf04c019b1f0b37b0679d0714b9280141c6cde7daa438","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-51-51-154","next":"us-ok/okla.-stat.-tit.-51-51-154v2"},"notice":"GroundRules: Original legal text. Not legal advice."}