OKLAHOMA CITY — State Superintendent Ryan Walters is asking the Tulsa County District Court to dismiss the defamation lawsuit filed against him by Bixby Superintendent Rob Miller.
In a filing on Oct. 3, Watlers' lawyers called the lawsuit frivolous.
Miller filed the lawsuit on Aug. 15, asking for $75,000 in civil relief for libel and slander.
He filed the lawsuit after Walters called him a liar and a clown at a State Board of Education meeting after Miller questioned delays in funding for the school.
WATCH our coverage from that meeting:
This is Walters' full comment from the meeting.
“He’s a liar," said Walters. "I mean he’s truly a real embarrassment. He knows every year when he gets Title I funding… Same way it’s been every year, my team tells me for over a decade. He knows that. It’s been communicated to districts. Rob’s never reached out. Never indicated there was an issue, there’s not an issue. He made it up.”
- Previous coverage >>> Bixby Supt. raises questions about Title I funds, Walters calls him a 'liar'
The motion for dismissal says Miller is seeking damages for actions taken by Walters while "fulfilling his official duties as the elected State Superintendent."
Because of this, Walters' lawyers argue that Oklahoma's Government Tort Claims Act grants Walter immunity from the suit.
They also claim Walters was using his First Amendment rights and Miller can't prove the statements were made maliciously or with reckless disregard for the truth, which is required in a case like this against a public official.
"On its face, this suit is a transparent effort to punish Superintendent Walters for exercising his First Amendment rights," the motion reads.
Further, the lawyers say the Oklahoma Citizens Participation Act makes the case subject to expedited dismissal.
Walters is asking that if the case is dismissed, he be awarded legal fees and that Miller be sanctioned to prevent similar suits in the future.
The motion asks the court to set the matter for hearing within 60 days.
We contacted Superintendent Rob Miller for comment, but he referred us to his lawyer based on his counsel's advice.
"This is a typical motion that is filed in every defamation case," said Miller's lawyer. "Of course, we disagree with Defendant Walters' arguments and will be filing a response that will set forth our positions. We fully expect to defeat the motion and then proceed to jury trial."
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