{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-566","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-566","heading":"Dismissal of inmate's action - Definitions - Sanctions for","body":"frivolous or malicious claims - Judgment - Liability for costs and\n\nfees.\n\nA. Any action by an inmate initiated against any person, party\n\nor entity, the state, the Department of Corrections, an entity\n\ncontracting with the Department of Corrections to provide\n\ncorrectional services, another state agency, or political\n\nsubdivision, or an original action in an appellate court, or an\n\nappeal of an action whether or not the plaintiff was represented in\n\nthe district court, may be:\n\n1. Dismissed with or without prejudice, by the court on its own\n\nmotion or on a motion of the defendant, if all administrative and\n\nstatutory remedies available to the inmate have not been exhausted\n\nin a timely manner; or\n\n2. Dismissed with prejudice, by the court on a motion of the\n\ndefendant, if the court is satisfied that the action is frivolous or\n\nmalicious.\n\nB. As used in this title:\n\n1. “Frivolous” means having no reasonable basis in law or fact,\n\nor lacking any good faith legal argument for the extension,\n\nmodification, or reversal of existing law, or being maintained\n\nsolely or primarily for delay or to harass the party filed against;\n\n2. “Inmate” or “inmate in a penal institution” includes, but is\n\nnot limited to, a person presently or formerly in the custody or\n\nunder the supervision of the Department of Corrections or the\n\nFederal Bureau of Prisons, a person who has been convicted of a\n\ncrime and is incarcerated for that crime in a county jail, a person\n\nwho is being held in custody for trial or sentencing, or a person on\n\nprobation or parole; and\n\n3. “Malicious” means filing numerous actions, or actions\n\nbrought in bad faith on de minimus issues.\n\nC. If the court determines from the pleadings or the evidence\n\nthat one or more of the causes of action are frivolous or malicious,\n\nany one or more of the following sanctions may be imposed, after\n\nnotice to the inmate and an opportunity for the inmate to respond,\n\nwithout the need for an additional hearing:\n\n1. Award attorney fees and actual costs incurred by the state,\n\nthe Department of Corrections, another state agency, a political\n\nsubdivision, the Attorney General's Office, or the defendant, not to\n\nexceed Two Thousand Five Hundred Dollars ($2,500.00) per frivolous\n\ncause of action;\n\n2. Court costs not to exceed Five Hundred Dollars ($500.00) per\n\ncause of action;\n\n3. Order the Department of Corrections to revoke up to seven\n\nhundred twenty (720) earned credits accrued by the inmate. In any\n\ncase in which the prisoner submits a frivolous or malicious claim,\n\nor one that is intended solely or primarily for delay or to harass\n\nthe party filed against, or testifies falsely or otherwise presents\n\nfalse evidence or information to the court in depositions or in a\n\nnotarized statement to the court or commits a fraud upon the court,\n\nthe prisoner shall suffer a loss of earned credits. The earned\n\ncredits shall be deducted upon a finding of fact and an order of the\n\ncourt. In the absence of such a finding by the court and upon\n\nreview and recommendation by the Office of the Attorney General, a\n\nprison disciplinary hearing may be held to determine whether the\n\nprisoner has filed such a claim or evidence. Upon such a finding,\n\nthe earned credits of the prisoner shall be revoked by the\n\nDepartment or political subdivision;\n\n4. Order the Department or political subdivision to revoke\n\npermission to have nonessential personal property of the inmate,\n\nincluding, but not limited to, televisions, radios, stereos, or tape\n\nrecorders. If permission is revoked, the Department shall take\n\nappropriate precautions to protect the property during the period of\n\nthe revocation;\n\n5. Impose a civil sanction in an amount not to exceed One\n\nThousand Dollars ($1,000.00); or\n\n6. Impose a monetary judgment against the inmate, not to exceed\noperty of the inmate,\n\nincluding, but not limited to, televisions, radios, stereos, or tape\n\nrecorders. If permission is revoked, the Department shall take\n\nappropriate precautions to protect the property during the period of\n\nthe revocation;\n\n5. Impose a civil sanction in an amount not to exceed One\n\nThousand Dollars ($1,000.00); or\n\n6. Impose a monetary judgment against the inmate, not to exceed\n\nFive Hundred Dollars ($500.00), to be paid to each named defendant.\n\nD. Any award of attorney fees, or costs, or the imposition of a\n\nsanction shall serve as a judgment against the inmate and the\n\nDepartment or political subdivision is authorized to take up to\n\neighty percent (80%) of the inmate's nonmandatory savings trust\n\nfunds per month until paid. The judgment shall be subject to\n\nexecution without further order of any court for a period of seven\n\n(7) years from the date of an award or imposition of a sanction.","path":["OK Code","Title 57"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"05bb174683f80a1c70f821efb7b624de69878b8465872d1fa9e035173a039aff","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-565","next":"us-ok/okla.-stat.-tit.-57-57-566.1"},"notice":"GroundRules: Original legal text. Not legal advice."}