Oklahoma Pro Se Complaint — Prisoner is a form designed to help inmates in the state of Oklahoma file a civil lawsuit against any individual or entity believed to have violated their civil rights. This form is available for free online and can be filled out by the prisoner themselves without the assistance of an attorney. Oklahoma Pro Se Complaint — Prisoner covers a wide range of potential civil rights violations, including discrimination, wrongful convictions, abuse of power, and inhumane prison conditions. There are three types of Oklahoma Pro Se Complaint — Prisoner forms: a) General Complaint, b) Civil Rights Complaint, and c) Habeas Corpus Petition.
Oklahoma Pro Se Complaint - Prisoner
State:
Oklahoma
Control #:
OK-SKU-0099
Format:
PDF
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Pro Se Complaint - Prisoner
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FAQ
Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage.
Generally, the elements for abuse of process are: (1) the use of an illegal or improper use of process; (2) an ulterior motive or improper purpose; and in some jurisdictions (3) harm to a litigant. For the purposes of abuse of process, an arbitration proceeding is a judicial proceeding.
Abuse of process is an intentional tort that arises when a person deliberately misuses a court process that is not justified by the underlying civil or criminal legal action. As with most torts, the elements that a plaintiff must prove in order to win their case will vary from state to state.
You'll have to bring it within the statute of limitations period for your particular case. For example, the Oklahoma statute of limitations is two years for oral contracts, five years for written contracts, and two years to file for personal injury and property damage matters.
"The essential elements of an action for abuse of process are: (1) issuance of process, (2) an ulterior purpose, and (3) a wilful act in the use of process not proper in the regular conduct of the proceeding. Prosser, Handbook of the Law of Torts, § 121 (4th Ed. 1971).
The tort of abuse of process is one of a number of torts designed to provide, a remedy for a person who has been injured by an improper use of litigation. Specifically, abuse of process affords relief in those situations in which a valid legal process is properly set in motion and then misused.
