Judge To Rule On Bixby Superintendent’s Defamation Lawsuit Against Ryan Walters In 30 Days

A Tulsa County judge said that he will decide in 30 days whether to dismiss a lawsuit filed against State Superintendent Ryan Walters by Bixby Superintendent Rob Miller.

Walters had asked the judge to dismiss it, saying it would set a bad precedent going forward.

Rob Miller had filed the defamation lawsuit against State Superintendent Ryan Walters after Walters called Miller a liar and a clown in July after Miller raised concerns about why the district hadn't gotten its state funding.

“What we’re talking about here, is a knowingly false allegation about a person’s ability to perform his occupation… that’s, by the letter of the law, defamation," said Michael Barkett, the attorney for Rob Miller.

The attorney for Ryan Walters argued Walters' remarks were made off the cuff and under state law, he cannot be sued because he has immunity as an elected official.

Barkett disagrees.

“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. 

Walters' attorney says even though Walters' language was harsh, it wasn't defamatory. It was just political speech, and the words didn't attack Miller's ability to do his job. 

The attorney believes Miller wants to be seen as leading the charge to get Walters out of office.

Barkett doesn't believe the words were harmless and doesn't believe this lawsuit should be dismissed.

“Allowing this case to go forward, would not be a Pandora’s box, it would allow a meritorious case to be recognized under the laws of the state of Oklahoma and go to a jury,” he said.