The lawsuit was filed by Miller after Walters called him a “liar” and a “clown” in a press conference following a July 31 State Board of Education meeting. Walters also alleged without evidence Miller’s district was “dealing with all kinds of financial problems.”
The remarks came after Miller took to social media to complain about the state department’s handling of federal funding allocations.
Miller’s suit seeks more than $75,000 in damages and alleges slander per se — a false statement so obviously harmful it is presumed to be damaging against a person’s reputation — and false light — a misleading statement that creates a false impression.
In the dismissal motion, Walters claims immunity as an official through the state’s Government Tort Claims Act, which holds that state officials cannot be held liable for performing duties within the scope of their employment.
Walters also claims a right to dismissal under the Oklahoma Citizens Participation Act, which protects constitutional rights like freedom of speech from certain litigation.
In addition to dismissal, Walters is also requesting the court charge Miller for the lawsuit’s costs, as well as “additional sanctions sufficient to deter [Miller] from pursuing litigation in the contravention of the OCPA.”
It says the sanctions are appropriate “to serve as notice that lawsuits between politicians over political issues and ideas are not a cost-free parlor game that will be countenanced or entertained by courts in Oklahoma.”
Walters’ defense against the mounting litigation against him is a common refrain. At a recent event held by the conservative OCPAC Foundation, as reported by The Oklahoman, Walters told the audience he would “not let the left intimidate us through the court system,” and vowed to fight against critics “weaponizing” the courts. He is a defendant in at least 14 state and federal lawsuits.
According to the OCPA, a hearing on the dismissal motion must be set no later than 60 days after the motion is filed unless the court can show good cause. In that case, the hearing must occur no later than 90 days after the filing, unless the court allows for discovery. And in that case, the maximum window for the dismissal hearing would be 120 days after the filing.
StateImpact Oklahoma is a partnership of Oklahoma’s public radio stations which relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. Donate online.
