Judge Denies State Superintendent's Motion to Dismiss Defamation Lawsuit

A Tulsa Judge denied a motion to dismiss a defamation lawsuit against Oklahoma Superintendent Ryan Walters on Tuesday.

Bixby Public Schools Superintendent Rob Miller filed a defamation lawsuit against State Superintendent Ryan Walters after Walters called Miller a liar and a clown in July in response to Miller's concerns over Title I funding.

Walters had asked the judge to dismiss it, saying it would set a bad precedent going forward. However, the judge ruled that because of the claims Walters was making he needed to show evidence to support them. The case could still be dismissed at a later date if proper evidence is provided.

A date for further action on the case has not been set.

What Happened: Ryan Walters Dispute With Bixby Public Schools Superintendent

On Thursday, Aug. 15, 2024, Bixby superintendent Rob Miller filed a lawsuit against Walters for defamation after days of back-and-forth between the two.

The dispute started on July 27 when Miller tweeted about Title I funding information and blamed Walters for a lack of leadership.

Most Recent Story: State Superintendent Ryan Walters Claims No Title I Allocations Were Late

“It's nearly August, and #oklaed schools have yet to receive Title I allocations from OSDE for FY25, which started July 1. Districts used to get preliminary figures in the spring, most recently in May 2022, under previous. SDE leadership. These were helpful in planning ets,” Miller posted. talent drain at the OSDE and the absence of leadership and accountability are directly responsible for this situation. Maybe Ryan Walters can take a break from his travel and media events, stop by the office (if he remembers where it is), and help us out.

Walters responded to the tweets after an Oklahoma State Department of Education meeting, calling Miller a liar and a clown.

“He's a liar. I mean, he's really a true embarrassment. So you know Rob, Rob's a liar and a clown,” Walters said.

Miller asked for a public apology, but he never got one. Walters continued to call Miller a liar in several interviews since, including one with News 9. Below is an excerpt from a News 9 interview with Walters on Thursday, Aug. 15, hours before the lawsuit was announced.

Marsh: You calling the Bixby superintendent a clown and a liar when he's fighting for his district, looking for his district's funding has upset a lot of people. Why do you resort to name-calling?”

Walters: “To be clear, that was a month ago. To be clear, the superintendent lies on a regular basis.”

Marsh: “I'm asking about you. Did you have to call him a clown?”

Walters: “He is lying, Robin. He continues to lie, Robin. the Tulsa World gives him a weekly column for him to lie and the splash it on their papers. So he's out for media attention. He continues to lie. We can show you as far back as April.”

Marsh: “So they have gotten the money?”

Walters: “No, the claim is that he doesn't know how much money he will receive. He was told that back in April. They have known since April how much money they'll receive. The timing of when they get it is up to the government. We tell them the amount and keep them updated on what we're hearing from the feds. But they knew the amount back in April. So he knows that; he's known that; it's been pointed out to him dozens of times.”

Marsh: “Could you just say that?”

Walters: “I've said that three dozen times now, ”

Marsh: “I understand. I guess that was just the thing that set a lot of people off, that it was just resorting to the name-calling.”

Walters: “Well, you know what I hear from a lot of people? They're tired of him lying. They're tired of people that are manuf … this is a fake political crisis. Mark McBride sat here yesterday and told you that. This is politics.

Full Interview: 'I'm All About Kids:' Ryan Walters Responds To Calls For Investigation Into His Department

Miller's attorney, Michael Barkett, says it’s time for Miller to take a stand. Bixby Public Schools start the new school year next week, and Superintendent Rob Miller says that's his main focus but felt this lawsuit was his only way to fight back.

“In Mr. Miller's case, Ryan Walters has even doubled down recently against him baselessly, falsely and maliciously, and so, as everyone has the right to do, Mr. Miller has chosen to use the court system to try to put an end to what Mr. Walters is trying to do to him,” said Barkett. “When someone in a position of Mr. Walters falsely accuses him of not being fit to perform his job and especially not fit to manage the public finances of the school, that's terribly damaging to his reputation, his ability to perform."

Barkett says Miller and Walters have not had a conversation about their issues; they've only communicated through social media, interviews, and news releases. All the while, Barkett says Bixby Public Schools still haven't received the funding information Miller originally asked for.

Walters filed a motion to dismiss a defamation lawsuit asserting that his comments were made in the course of his official duties, which he claims grants him immunity from liability in this case.

Barkett disagreed.

“There’s no sovereign immunity for acts of government employee that are in bad faith, and I think necessarily, maliciously and falsely defaming somebody is in bad faith and outside the scope of government employment," he said.