Rhinehart v. Hughes County School District No. 32-1005
6:24-cv-00276
E.D. Okla.May 21, 2025Background
- Plaintiffs, former students at Wetumka Public Schools, allege Brent McGee sexually abused them while he was an administrator at the school and that his wife, Donna McGee, then-Superintendent, failed to act upon knowledge of this abuse.
- Plaintiffs assert claims for Title IX violations, retaliation, 42 U.S.C. § 1983 substantive due process, and negligence against Donna McGee, Brent McGee, and the school district.
- Donna McGee moved to dismiss the complaint, raising qualified immunity, duplication of official capacity claims, and failure to state a claim for negligence.
- Plaintiffs allege Donna McGee observed inappropriate conduct by Brent McGee, failed to intervene, and allowed the abuse to continue in their home.
- The court reviews whether the plaintiffs' complaint alleges sufficient facts to plausibly state their claims and whether Donna McGee is immune from suit at this stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 Due Process (Knowledge) | Donna McGee knew/should have known of the abuse | No sufficient facts showing Mrs. McGee’s actual knowledge | Sufficiently pled; motion to dismiss denied |
| Qualified Immunity | Right to be free from sexual abuse was clearly est. | No constitutional violation or clearly established right | Qualified immunity denied at this stage |
| Official Capacity/Duplication | (Conceded duplicative) | Official capacity claim duplicates claim against the school district | Dismissed as duplicative |
| Negligence | Duty to protect/minors in her home; reason to know | No sufficient factual allegations to establish duty or knowledge | Sufficient—claim survives motion to dismiss |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard for motions to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (complaint must state plausible facts, not mere conclusions)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity standards)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity protects officials unless they violate clearly established rights)
- Brandon v. Holt, 469 U.S. 464 (official capacity claims equate to claims against the entity)
- Pietrowski v. Town of Dibble, 134 F.3d 1006 (official capacity suits are lawsuits against government entities)
- Murrell v. Sch. Dist. No. 1, 186 F.3d 1238 (liability of supervisors for acquiescence in misconduct)