McKimmey Law Office, Shawnee, Oklahoma. tort claims, civil rights, false arrest, probate, wills, trusts, adoptions, guardianships, divorce, litigation, estates, probate

McKIMMEY LAW OFFICE, P.C.
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24 E. Highland, Shawnee, Oklahoma 74801 - 405-275-3564

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GENERAL PRACTICE - PROBATE - REAL ESTATE WILLS - POWERS OF ATTORNEY - CONTRACTS CIVIL RIGHTS - GOVERNMENTAL TORT CLAIMS - FALSE ARREST

CLAIMS AGAINST A STATE OR MUNICIPALITY

- I feel I have been damaged by the acts of a Federal, State, County or City Employee. - What can I do?

A. - Historically there was little you could do!

Formerly the law was rigid and the rule that 'the king can do no wrong' prevented any recovery for damages caused by the 'king's servants'!

Over the years this rule of law has been changed by the legislatures and the Courts, and presently you may even sue the 'King' for injuries you may suffer.
This right to bring a lawsuit is only granted by 'permission' of the governing bodies.
This 'permission' to sue is granted by specific statutes, and the procedure to be followed is strict. Unless you follow the procedures you do not have 'permission' to bring a lawsuit against the Federal, State or Municipal Governments.

The Statute governing your rights to sue the Federal Government for the torts of Federal Employees is Federal Tort Claims Act - 28 USC Section 2671, et seq .

- You should be aware!:

Claim Must be filed before Suit!
Exclusive Remedy - Individual Employee Causing damages not to be sued!
Employee must be acting within scope of employment!
There are enumerated Exceptions to Liabilty!
You cannot collect punitive damages!
No right to a jury Trial!

Most States also have statutes governing the rights to bring a suit against the State, Municipalities or State Agencies. Each State provides for different procedures and remedies.
Both the State and Federal statutes provide remedies for common law torts, and torts created by statute.

In Oklahoma the controlling Statutes are found in the Governmental Tort Claims Act, Title 51 O.S., Sec. 151, et seq.
The Statute basically provides that political subdivision is liable for the torts of its employees committed 'within the scope of their employment subject to the limitations and exceptions specified in this act and only where the state or or political subdivsion, if a private person or entity would be liable for money damages under the laws of this state'

Our Office prepares Claims for filing with the Appropriate Governmental Entities through our On Line Service at Oklegalform

- You should be aware!:

The procedures for first filing a 'tort claim' must be followed before Suit!
Exclusive Remedy - Individual Employee Causing damages not to be sued!
Employee must be acting within scope of employment!
There are 31 Specific Exemptions from Liabilty!
You cannot collect punitive damages!

- What political subdivsions can be sued?
A. - Any State agency or governmental entity.

Cities or Towns
Counties
School Boards & Districts
Municipal Trusts and Housing Authorities
Any State Agency

Most Actions brought under State or Federal Tort Claims Acts involve:

Negligence in providing services.

Simple Negligence causing injury;

Civil Rights Violations are not covered by these Tort Claim Statutes!

The Oklahoma Governmental Tort Claims Act does provide for indemnification for employees for Civil Rights Violations committed while acting in the scope of their employment.

Generally torts such as false arrest - assault - battery - trespass - when committed by law enforcement officers, under color of law may also include a Fourth Amendment violation.
See FAQ - Civil Rights Violations.

- On July 8, 1997, The Oklahoma Supreme Court, by a 5 to 4 Decision, entered an opinion in Response to a Certified Question from the United States District Court for the Western District of Oklahoma concerning Municipal Exemptions from liability under Title 51 O.S. Sec. 155(6}.
See - Schmidt v. Grady County, 943 P.2d 595, 1997 OK 92.
Although the Supreme Court opinion limited the exemption for the method of providing police protection and limited to the facts of the case, defense attorneys and some judges cite the case as providing an exemption from liability for any acts of police officers in their official capacity.
The Tenth Circuit, in Myers v. Oklahoma County Board of Commissioners, 151 F.3rd 1313 (1998) followed Schmidt only in so far as the exemption applied to the method of providing police protection and did not extend the exemption any further.
Schmidt never discussed prior cases in Oklahoma which specifically denied an exemption for false arrest under the same statute.
See - Roberts v. Stillwater, 646 P.2d 6 (Okl.App. 1982) and Overall v. Dept of Public Safety, 910 P.2d 1087 (Okl.App. 1995)

- The Oklahoma Supreme Court in its decision of March 16, 1999 made absolutely clear what it had already said in Schmidt that the immunity of the municpality under 51 O.S. Section 155(6) did not apply to negligence in law enforcement. Salazar v. City of Oklahoma City, 1999 OK 20

- To the State and Federal Judges, and the defense attorneys who were unable to recognize the limitations of exemptions in Schmidt v. Grady County , therefor denying injured citizens from their remedy at law.

OUR SERVICES

Review Case to Determine Whether Cause of Action Exists

Prepare and File Necessary Claims With Governmental Entities

Prepare Complaints and Other Pleadings Required

Preparation of Discovery Requests

Interrogatories
Requests for Admissions
Requests for Procuction

Research For Layman and Attorneys

False Arrest
Constitutional Deprivation

Fourth Amendment
Fourteenth Amendment - Due Process

Brief Writing For All Stages of Proceedings

Prepare Jury Instructions

Prepare Motions and Responses to:

Motions To Dismiss
Motions for Summary Judgment
Motions in Limine

Appeals to State Appellate Courts
Appeals to Circuit Courts
Appeals to United States Supreme Court

OUR FEES

Our Fees for these Services are based on our regular hourly rate.
See - Schedule of Fees & Services

In Some Cases a 'Contingency Fee' arrangement may be arranged, after a deposit to cover anticipated expenses if an action is filed.
In Some Cases we are willing to associate with other attorneys in actions pending.
In All cases, charges will be made for actual expenses incurred, i.e., filing costs, costs of depositions, copying costs, binding costs, travel and long distance charges.

If you have a question of a general nature that you feel should be included in this segment, please let us know.
We also would like to receive comments and suggestions for better Answers.
Although we cannot give specific legal advice on the phone we are willing to answer questions of a general nature.
If your question is of general interest we may include your letter and our response as a part of our website.

View Comments & Questions of Others And Our Responses to Questions

"We Do Return Phone Calls"

mckimmey@juno.com