Suit against KPS seeks to extend time frame
John Doe attorney says evidence of football incidents dates back to 2008; defendants counter
The relevant time frame of a lawsuit against Kingfisher Public Schools and some of its current and former football coaches should be extended to the mid-2000s.
That was the request of the attorney representing John Doe No. 1 in documents filed last Monday.
Originally filed in July 2021 in Kingfisher County District Court, the case has since been moved to the U.S. District Court for the Western District of Oklahoma.
Doe alleged mental, physical and sexual abuse suffered as a member of the Kingfisher High School football program from 2017-2020.
His suit was filed against the district as well as head football coach Jeff Myers, assistant Derek Patterson and former assistants Micah Nall and Blake Eaton.
The first motion to compel claims the plaintiff has evidence of the same type of abuse within the program dating back to 2008.
Myers was hired as the head coach in 2004.
There are 30 documents within the motion to compel, some of which have been redacted.
The documents include 13 investigator reports, letters written by parents to school board members, incident reports and other matters relating to the case.
That includes a Kingfisher Police Department report filed in February 2005 that was classified as an assault on a minor with Myers listed as the suspect.
That stemmed from a complaint in a P.E. class though no charges were filed.
The document lists several other alleged incidents within the program beginning in 2008.
The document alleges a sexual assault in the KHS locker room that was “under the supervision” of Myers. The document says the offending player was suspended for a half of a game after a meeting with Myers, then-Superintendent Don Scales and the alleged victim’s father.
It goes on to say no further investigation was conducted by the district nor any punishment handed down to Myers.
Another part of the document alleges a 2011 incident in which a player with a staph infection on his leg had the infected boils popped by Myers “which caused the staph infection to worsen.”
The report says the incident was reported to Scales, who said incoming Superintendent Jason Sternberger “would handle it.”
A letter was provided to the school board - and is included in the discovery documents - but the document claims Myers “was never disciplined or reprimanded for his abusive actions.”
The document contains an al- leged incident from 2013, but that portion is completely redacted.
There was also an incident documented from 2021, after John Doe graduated, of an alleged incident of a freshman player being “whipped with wet towels and beat with a PVC pipe” in the locker room.
After meeting with the alleged victim’s mother, the document states Myers told the players to end those incidents in the locker room.
One of the exhibits in the motion contains an email sent to school board members in December 2022 by a 2016 KHS graduate.
The email alleges Myers “verbally and psychologically tormented me” as well as another player on the team.
The 29th exhibit from the plaintiff says it has requested all documents and communications received by any school board member of current or former KPS employee regarding incidents of bullying and hazing during Myers’ tenure as an employee.
In exhibit No. 30, which came from the defendants’ lawyers, says they object to the requests because “they would require the district or its employees to perform and share a legal and/or factual analysis of the case for your benefit.”
It goes on to say that the plaintiff’s request for information dating back to 2008 “requires an overly burdensome imposition on the defendants to search records far beyond relevance and admissibility. Plaintiff’s discovery demand is not proportional to any litigation claims at bar. The relevant time should be 2017 to present.”
The claims made by John Doe No. 1 led to investigations into the school district by both the State Department of Education and the Oklahoma State Bureau of Investigation.
An OSBI report was filed with District Attorney Mike Fields last fall, but Fields requested further investigation.
According to a court document filed in September of last year, a civil jury trial was slated to begin on June 13.
However, court filings in December 2022 now show the trial is set to begin Sept. 12.