Tulsa County Sheriff Stanley Glanz blames the Department of Corrections for the jail's overcrowding problem.
Now, he's taking legal action against the DOC.
Glanz is demanding the prison take all DOC-ready inmates.
He said right now the jail is 112 inmates over its maximum capacity, but there are 129 inmates that should be in state prisons and it's time for the Department of Corrections to do its job.
An injunction filed today said it's state law for the Department of Corrections and its director to take on inmates after they are sentenced.
It also said the sheriff can be sued for violating civil rights and state jail health standards because of the constant overcrowding, so essentially the DOC not taking these inmates is opening Glanz to getting sued.
The maximum capacity for the jail is 1,714 inmates.
But the jail has been over that number every day since March. Now, there are 1,826 inmates.
But if the Department of Corrections took the 129 inmates that are DOC-ready the jail would be below maximum capacity.
Specifically, the injunction reads:
"Overcrowding at David L. Moss violates Oklahoma state Department of Health jail standards and state fire marshal standards, lowers the inmate-to-staff ratio, necessarily results in inmates sleeping in mass in the dayroom area, increases the likelihood of violence, mistakes and injury to inmates and staff, and lowers employee morale and makes it difficult to recruit and retain detention officers to work in the jail."
FOX23 talked with a spokesman for the Department of Corrections who said the DOC director had no formal statement to make