SUMMERS, J.
¶ 1 Certiorari was granted in this case to address a conflict between decisions of the Courts of Civil Appeals on the issue of whether inmates are statutorily deprived of the capacity to file a civil action against a third party which does not involve an asserted violation of constitutional rights. We answer in the negative.
The statute in question, 21 O.S.1991 § 65, provides as follows:
A sentence of imprisonment under the Department...
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