Childers v. Watts, 6:20-cv-00487

Background

Plaintiff Dallas Faith Childers was a Rattan High School student and a member of the softball team coached by defendant teacher/coach Jeffrey Paul Watts during the 2018–2019 school year; she alleges multiple instances of inappropriate sexual conduct by Watts.
Plaintiff reported the conduct to Principal Neil Birchfield and counselor Michelle Birchfield; according to the complaint, they took no action despite subsequent meetings and reports.
Plaintiff and her father contacted law enforcement; the School placed Watts on paid leave but permitted him to attend softball games; plaintiff ultimately transferred schools; Watts was later criminally charged in state court (the charge later appears dismissed).
Plaintiff’s first amended complaint asserts claims against Watts (sexual battery; invasion of privacy), the Birchfields (negligence), and Independent School District No. 1 of Pushmataha County (negligence; negligent hiring/retention/training/supervision; Oklahoma Constitution claim; §1983; Title IX).
All defendants except Watts filed a renewed partial motion to dismiss asserting, inter alia, that the Oklahoma Governmental Tort Claims Act (GTCA) bars certain employee suits and that discretionary-function immunity covers hiring/training/supervision decisions.
The court granted the motion in part and denied it in part: it dismissed Count 3 (negligence against the Birchfields) and terminated the Birchfields as parties; it dismissed negligent hiring (Count 4) but allowed negligent retention/supervision to proceed; it dismissed the Oklahoma Constitution claim (Count 5). Other claims not subject to the motion proceed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether GTCA permits direct negligence suits against individual employees for acts within scope of employment	Childers argues her negligence claim against the Birchfields may proceed	Birchfields argue 51 O.S. §163(C) bars negligence suits against governmental employees for acts within scope of employment	Court: Dismissed negligence claim against the Birchfields; Birchfields terminated as parties
Whether negligent hiring/training/retention/supervision are barred by GTCA discretionary-function exemption	Childers contends the School knew (or should have known) of Watts’ history and inaction plausibly supports such claims	School contends hiring/training/supervision are discretionary and therefore immune under 51 O.S. §155(5)	Court: Negligent hiring and training claims dismissed (no plausible allegation of pre-hire knowledge); negligent retention/supervision survives at this stage based on alleged notice and inaction
Whether allegations that School was notified of Watts’ conduct are sufficient to avoid discretionary-function immunity for supervision/retention claims	Childers argues notice plus failure to act makes supervision/retention an operational (non-discretionary) issue	School argues immunity covers supervisory decisions	Court: Allegations of notice and inaction plausibly state negligent retention/supervision claim; discretionary-function immunity not resolved on motion to dismiss
Whether plaintiff’s Oklahoma Constitution claim is barred because employee conduct was outside scope of employment	Childers maintains constitutional claim may proceed under GTCA principles	Movants assert GTCA limits such state-law constitutional claims when conduct outside scope of employment	Court: Dismissed the Oklahoma Constitution claim, concluding sexual assault is outside scope of employment as a matter of law in these circumstances

Key Cases Cited

Walker v. Mohiuddin, 947 F.3d 1244 (10th Cir.) (motion-to-dismiss pleading standard and plausibility framework)
Jackson v. Oklahoma City Public Schools, 333 P.3d 975 (Okla. Civ. App.) (discusses discretionary nature of hiring/training/supervising decisions by schools)
Bosh v. Cherokee County Building Authority, 305 P.3d 994 (Okla.) (addressing state-law claims against governmental entities and related GTCA principles)