Oklahoma’s Governmental Tort Claims Act and Your Civil Rights Case.

The Oklahoma Governmental Tort Claims Act (GTCA) is the exclusive remedy for tort claims against Oklahoma state and local government entities and their employees acting within the scope of employment. It waives sovereign immunity in limited circumstances but imposes strict procedural requirements, damage caps, and exclusions.

For families pursuing civil rights claims, the GTCA is important because it governs any state-law negligence, wrongful death, or survival claims against the government entity — even when those claims arise from the same incident as a federal § 1983 claim.

In most Oklahoma jail death, police brutality, and excessive force cases, we file both GTCA claims and federal § 1983 claims. Here is why:

1. Preserve All Options: If the federal claim faces a qualified immunity barrier, the state GTCA claim may still proceed.
2. Different Theories: The GTCA covers state-law negligence (a lower standard than deliberate indifference). This captures conduct that may not rise to a constitutional violation but still constitutes actionable negligence.
3. Additional Defendants: The GTCA may allow claims against the government entity for its employees' actions within the scope of employment, even if the individual employees are unknown.