A court hearing to dismiss a lawsuit brought by a Green Country superintendent against Oklahoma schools chief Ryan Walters went forward Tuesday.
Bixby Public Schools Superintendent Rob Miller filed suit against Walters in August, alleging the head of Oklahoma’s public education system “uttered malicious, slanderous and defamatory statements” against him at a July 31 press conference.
At that meeting, Walters called Miller a “liar,” an “embarrassment,” and a “clown” in response to questions around the allocation of federal funds meant to serve impoverished students.
At the hearing in Tulsa County Court before Judge Daman Cantrell, attorneys for Walters argued he has “sovereign immunity,” meaning he can’t be held liable for statements made as a public official.
Attorney Chad Kutmas said the purpose of immunity is to shield elected officials like Walters who may express controversial opinions in the line of duty. He said if Walters is held liable, it could set a dangerous precedent.
“It will embolden others to sue Walters and hold him up executing his agenda as he sees fit,” said Kutmas.
Miller’s attorneys said immunity doesn’t apply to Walters’ statements.
“There’s no sovereign immunity for acts of a government employee that are in bad faith, and I think necessarily maliciously and falsely defaming somebody is in bad faith, and outside the scope of government employment,” said attorney Michael Barkett.
Barkett emphasized statements Walters made around BPS’ finances. At the July press conference, Walters said Bixby had “all kinds of financial problems,” but the district was accredited without deficiencies just days prior.
Walters’ team argued that Miller “is not his district,” and claims around financial mismanagement were not a targeted attack.
Cantrell is expected to rule on the move to dismiss within the next 30 days.
