JACKSON v. OKLAHOMA CITY PUBLIC SCHOOLS
333 P.3d 975
Okla. Civ. App.2014Background
- Student (Hakeem Williams) attended an alternative class at Jackson Middle School taught by teacher Hollmon; Hollmon was a District employee of 15 years.
- Parents alleged that on May 4, 2011 Hollmon struck Student with an extension cord and then with a metal detector; Student reported swelling and a mark but required no medical treatment.
- Parents sued District under respondeat superior and for negligent hiring, training, and supervision, alleging District’s negligence caused physical and emotional injuries.
- District moved for summary judgment, arguing (1) intentional torts (assault/battery) are outside the scope of employment under the Governmental Tort Claims Act (GTCA) and (2) hiring/training/supervision are discretionary functions exempt from liability.
- Parents relied on Bosh (a private excessive-force cause of action under the Oklahoma Constitution) and argued a special custodial duty exists because school attendance is compulsory; they did not plead a constitutional claim in the petition.
- The trial court granted summary judgment for District; the Court of Civil Appeals affirmed, finding no genuine issue of material fact and that statutory immunity applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether District is liable under respondeat superior for teacher's alleged assault | Hollmon acted in course/scope of employment; District vicariously liable | Assault/battery are intentional acts outside scope of employment under GTCA; no vicarious liability | Held for District — intentional tort outside scope; no respondeat superior liability |
| Whether negligent hiring/training/supervision claims survive GTCA immunity | District negligently hired/trained/supervised Hollmon, creating liability | Such decisions are discretionary and exempt under 51 O.S. §155(5) | Held for District — discretionary functions immune |
| Whether a private constitutional excessive-force cause of action (per Bosh) applies here | Bosh provides a private remedy for excessive force independent of GTCA | Bosh applies to seizures/arrests (Okla. Const. art. 2, §30); not pleaded and Student wasn’t seized | Held for District — Bosh inapplicable; no constitutional claim pled and facts differ |
| Whether school’s compulsory-attendance creates a special custodial duty giving rise to tort liability | Compulsory attendance creates custody-like special relationship, raising duty to protect students | No authority shows compulsory attendance imposes tort liability here; Parents did not assert civil-rights claim | Held for District — no recognized special-duty tort theory applicable |
Key Cases Cited
- Bosh v. Cherokee County Governmental Building Authority, 305 P.3d 994 (Okla. 2013) (recognized private constitutional cause of action for excessive force by officials against seized/arrested persons)
- Ada-Konawa Bridge Co. v. Cargo, 21 P.2d 1 (Okla. 1932) (employer liability principles for agent acts; discussed/distinguished)
- Brown v. Alliance Real Estate Group, 976 P.2d 1043 (Okla. 1999) (summary judgment standards)
- Vance v. Federal National Mortgage Assn., 988 P.2d 1275 (Okla. 1999) (appellate review standard for summary judgment)