9 F. Supp. 3d 1240
W.D. Okla.2014Background
- Plaintiffs Ted and Bella Carroll sue the Lawton ISD, Cantrell, Fitz, and Whittington on behalf of their minor daughter AKC.
- Allegations: Cantrell and district staff punished AKC; aides allegedly barred from speaking to parents without Cantrell; Cantrell purportedly threatened aides over disclosures.
- Plaintiffs allege the principal, Fitz, and Whittington knew of Cantrell’s conduct and failed to notify or correct it.
- AKC reportedly becomes upset entering the school; alleged harms include medical costs and academic setbacks requiring tutoring.
- Plaintiffs bring negligence and conspiracy claims against Fitz and Whittington; defendants move to dismiss under Rule 12(b)(6).
- GTCA is identified as the exclusive remedy for governmental-tort claims; scope of employment and willful/wanton standards are discussed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GTCA bar on negligence claims | Plaintiffs argue GTCA does not shield willful/wanton conduct. | Fitz/Whittington contend GTCA bars suit for acts within scope of employment and not willful/wanton. | Negligence claims against Fitz/Whittington dismissed under GTCA. |
| Sufficiency of willful/wanton allegations | Allegations show conscious disregard by Fitz/Whittington. | Allegations are conclusory and outside scope of employment. | Plaintiffs failed to plead willful/wanton conduct; dismissal affirmed. |
| Civil conspiracy against Fitz/Whittington | Cantrell, Fitz, and Whittington conspired to cover up abuse. | Conspiracy requires an underlying tort and specific agreement; reporting statute issues block claim. | Conspiracy claim against Fitz/Whittington dismissed. |
| Underlying tort requirement for conspiracy | Conspiracy based on reporting of abuse; underlying tort need not be criminal. | Civil conspiracy must rest on an underlying tort; reporting statute is criminal, not a tort. | Conspiracy fails due to lack of valid underlying tort. |
Key Cases Cited
- Hull v. Wellston Indep. Sch. Dist., 46 P.3d 180 (Okla. Civ. App. 2001) (willful and wanton negligence outside scope may yield liability)
- Foster v. Emery, 495 P.2d 390 (Okla. 1972) (definition of wanton conduct)
- Gaylord Entm't Co. v. Thompson, 958 P.2d 128 (Okla. 1998) (civil conspiracy elements require unlawful purpose or means)
- Montgomery v. City of Ardmore, 365 F.3d 926 (10th Cir. 2004) (pleading conspiracy requires specifics of agreement and concerted action)
- Khalik v. United Air Lines, 671 F.3d 1188 (10th Cir. 2012) (elements of a claim; usefulness of pleaded facts)
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (presumption of truth to allegations in 12(b)(6) review)