The parents of the former Kingfisher High School student who filed suit against the district and some of its coaches are asking the Oklahoma Supreme Court to exercise its authority and direct the local school board to fire its head football coach as well as implement an interim superintendent.

Justin and Lyndy Mecklenburg on Monday filed an application to assume original jurisdiction and petition for writ of mandamus with the state’s highest court.

A writ of mandamus is an order from a court to a lower court, official or entity ordering it to properly fulfill its official duties.

Named as respondents in the brief are Kingfisher Public Schools, KPS Superintendent David Glover, the Oklahoma State Department of Education, Oklahoma State Board of Education and State Superintendent of Public Instruction Ryan Walters.

The Mecklenburgs are the parents of Mason Mecklenburg who in July 2021 filed a civil suit against KPS, head football coach Jeff Myers, assistant coach Derek Patterson and former assistants Blake Eaton and Micah Nall.

The lawsuit, now in federal court, is currently set for trial in December.

It alleges a culture of hazing, bullying and torture within the football program before, during and after Mecklenburg’s tenure from 2017-2020.

Mason Mecklenburg alleges in his suit he was the subject of consistent bouts of bullying, assault and torture that was not only allowed by the coaches, but even encouraged. It also states the school district and multiple superintendents failed to properly report known incidents to authorities or take proper action against the coaches.

Since the civil suit was filed, investigations were opened by both the OSDE and the Oklahoma State Bureau of Investigation.

An OSBI spokesperson confirmed with the Times & Free Press last week that its investigation is still active.

Subsequent settlement demands by Mecklenburg have included escalating monetary amounts that now sits at $10 million and also insisted on Myers’ firing.

The Kingfisher Board of Education has not voted to accept or reject any settlement offer since rejecting the initial demand in March 2022.

The filing by Justin and Lyndy Mecklenburg does not affect the civil case.

The brief filed by the Mecklenburgs also included an 18-page support brief that included 15 alleged incidents during Myers’ tenure with the school district, which began in 2004.

The support brief also includes testimony from Patterson and Nall and multiple former players that the brief says backs up the claims of grounds for Myers’ firing for “mental and physical abuse to a child” as well as acts of “moral turpitude.”

They are incidents, the brief says, that went unpunished.

The brief states Glover testified under oath that the environment inside the KHS football program is “toxic” and “dangerous,” which, the brief says, is suffi cient evidence to pursue termination.

The brief also states former Superintendent Don Scales testified there were grounds to fire the entire football staff during his tenure from 2008-11.

It also states the OSDE has been aware of the allegations for nearly two years.

“Nevertheless, no one at KPS or in our state institutions is doing anything to stop it,” the brief states.

“Petitioners and other parents like them have attempted for years to persuade the KPS School Board to intervene and remove Myers from his position, Their pleas have been met with silence and indifference.”

That is why, they say, they are asking the Supreme Court to step in.

“This action is brought in the Oklahoma Supreme Court because the Oklahoma Supreme Court has general superintending control over all inferior courts, agencies, commissions and boards created by law,” the brief states.

It’s necessary, the brief says, that while the civil suit is pending trial “that case does not resolve the threat posed to our youngest child and all the other children enrolled with him at KPS” with Myers continuing to be employed.

The Mecklenburgs have three sons: Mason, one who graduated in May and one who is enrolled at KHS this year.

The writ specifically asks the court to direct “the KPS School Board to comply with their mandatory duty to terminate Myers for his actions, which constitute ‘mental or physical abuse to a child’ and acts of ‘moral turpitude.’” It also asks the court to grant a writ of mandamus directing the SBOE to aid in the process “implement an interim superintendent, and oversee the termination process in accordance with the SBOE’s mandatory duty to ensure the health and safety of school children and school personnel while under the jurisdiction of school authorities.’” The Supreme Court has three options in dealing with the writ of mandamus.

It can grant the writ, deny it or refuse to take the case at all.