KAUGER, J:
¶ 1 The dispositive issue presented is whether the plaintiff's negligence action should be dismissed as untimely brought. We hold that, pursuant to 57 O.S.2011 § 566.4, compliance with the notice provisions of the Governmental Tort Claims Act (GTCA) is required for a prisoner, or former prisoner, to bring a tort action against a private correctional facility.
¶ 2 The Oklahoma Department of Corrections (DOC) admitted the plaintiff/appellant, Walter Hall (Hall) as an inmate in April of 2010, after his convictions for failing to comply with the sex offender registry and falsely impersonating another person. While in DOC custody, Hall suffered a head injury from a fall at a hospital while he was being examined for alleged chest pains. As a result of the fall, Hall suffered a subdural hematoma which required surgery. He received
¶ 3 On April 28, 2010, DOC transferred Hall to a private correctional facility owned and operated by the defendant/appellee, GEO in Lawton, Oklahoma. On September 7, 2010, GEO transported Hall in a van to Oklahoma City for medical treatment. His feet and hands were shackled, but his wheelchair was not restrained or secured to the van. When the driver moved the van abruptly, the wheelchair toppled over. Hall allegedly injured his shoulder and chest, and he contends that he lost consciousness and re-injured the hematoma.
¶ 4 GEO diverted the van to the local emergency room at Southwestern Medical Center Hospital in Lawton, Oklahoma, where Hall was examined, treated for a headache, and returned to the prison. The emergency room exam found no signs of visible injury or distress.
¶ 5 On June 18, 2012, Hall filed a lawsuit in the district court of Oklahoma County, alleging that the employees of GEO were negligent when they did not strap his wheelchair in the van to prevent it from toppling over and injuring him GEO filed a motion to dismiss on July 10, 2012, arguing that: 1) pursuant to 12 O.S.2011 § 95(11),
¶ 6 Hall responds that: 1) he was under a legal disability until sometime after he was released from confinement in 2011, which prevented the running of the statute of limitations pursuant to 12 O.S.2011 $96;
¶ 7 Neither party noted the application of 57 O.S.2011 § 566.4. It requires compliance with the notice provisions of the Governmental Tort Claims Act (GTCA) when a prisoner or former prisoner brings a tort action against a private correctional facility.
¶ 8 Hall responded that: 1) the administrative remedies provided to inmates were nothing more than an "offender grievance process" intended to provide answers to inmate questions, not to provide compensation for medical bills and pain and suffering and 2) he was under a legal disability which tolled the statute of limitations. Hall also, again, argued that, in the event the statute of limitation period was not tolled, the one year limitation period applicable only to inmates was an unconstitutional special law and it violates equal protection
¶ 9 On September 6, 2013, the trial court granted GEO's motion for summary judgment and entered judgment in favor of GEO. Hall appealed to this Court on October 3, 2013. We retained the cause on November 13, 2013. On January 23, 2014, we ordered both parties to brief simultaneously the applicability of 57 O.S.2011 § 566.4 B(2)
¶ 10
¶ 11 Neither party noted the existence or applicability of 57 O.S.2011 $566.4 which applies the notice provisions of the GTCA to lawsuits brought by prisoners or former prisoners against private correctional facilities.
¶ 12 Not only do we take judicial notice of the statute,
¶ 13 Compliance with the statutory notice provisions of the GTCA is a jurisdictional requirement to be completed prior to the filing of any pleadings.
¶ 14 Because we determine that the GTCA is controlling and the one year limitation period of 12 O.S.2011 § 96 is inapplicable to this cause, we need not address Hall's constitutional challenges to § 96.
¶ 15 As for Hall's claims of tolling because he was under a legal disability
¶ 16 The GTCA gave Hall, at most, one year to file his lawsuit. [90 days for the prison to deny a claim, 180 days to bring an action after a claim is denied, and 90 days tolled for incapacity due to injury]. Even if the general tolling provisions of 12 O.S.2011 § 96
¶ 17 We need not address the arguments regarding whether exhaustion of GEO's grievance procedures
¶ 18 Neither party noted the existence of 57 O.S.2011 § 566.4,
¶ 19 Pursuant to 57 O.S.2011 § 566.4. compliance with the notice provisions of the Governmental Tort Claims Act (GTCA) is required to bring a tort action against a private correctional facility. The notice required by the GTCA is a mandatory prerequisite to filing a claim for tort damages and it is a jurisdictional requirement. Nothing in the record indicates compliance with the GTCA, nor has the plaintiff alleged that he has complied with the GTCA. Because the notice of claim requirement of the GTCA is only tolled 90 days due to incapacity from an injury, the cause must be dismissed as untimely filed.
ALL JUSTICES CONCUR.
Section 157 provides:
The Okla. Const. art. 5, § 46 provides:
The Fourteenth Amendment of the United States Constitution provides in pertinent part:
See also, Duncan v. City of Nichols Hills, 1996 OK 16, ¶ 30, 913 P.2d 1303 [GTCA did not apply where specific provisions of employment discrimination claims were brought under anti-discrimination act 25 O.S.1991 § 1101]; United Brick & Tile Co. v. Roy, 1960 OK 174, ¶ 10, 356 P.2d 107[General statute of limitations is not applicable to claims under the Workmen's Compensation Act].
Title 57 O.S.2011 § 566.5 provides in pertinent part: