Campbell et al v. Hollis Independent School District NO 66 of Harmon County Oklahoma et al

Filing 109

MEMORANDUM OPINION and ORDER. Signed by Honorable Robin J. Cauthron on 8/10/17. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
M.C., a minor, by and through his father
and next friend, TYRONE CAMPBELL,
and TYRONE CAMPBELL,
Plaintiffs,
v.
HOLLIS INDEPENDENT SCHOOL
DISTRICT NO. 66 OF HARMON
COUNTY, OKLAHOMA a/k/a HOLLIS
PUBLIC SCHOOLS, et al.,
Defendants.

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Case No. CIV-15-343-C

MEMORANDUM OPINION AND ORDER
Following the July 27, 2017, bench trial in this matter, the Court issues the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1.

Defendant Jennifer Caswell was formerly a teacher at the Hollis Middle

School where Plaintiff Micah Campbell was her eighth grade student and a minor during
the 2013-14 school year.
2.

Micah was 14 and 15 years old during the time in question. Micah’s family

described him as outgoing and friendly; he had many friends and was socially active.
Micah played on the Hollis Varsity Basketball team as a freshman and dreamed of playing
college basketball and joining a National Basketball Association team.
3.

Caswell began flirting with Micah at school and students reported seeing

Micah enter Caswell’s classroom outside of his assigned class time. School officials

investigated this claim and other rumors after receiving reports from students. Both Micah
and Caswell denied the allegations and Micah was sent to in-school suspension.
4.

Caswell and Micah entered into a sexual relationship in April 2014 when

they had intercourse in Caswell’s classroom. Shortly thereafter, Caswell resigned her
teaching position.
5.

Caswell did not end the relationship with Micah. Micah testified they had

intercourse about 11 more times at various locations. Plaintiff Tyrone Campbell was
unaware of the relationship and testified he thought Caswell was tutoring Micah in his
home and the rumors were all unfounded.
6.

Tyrone discovered Caswell was visiting Micah while Tyrone was not home

and sent Micah to spend the summer at his mother’s house in Olive Branch, Mississippi.
7.

Caswell drove to Mississippi, picked up Micah, and took him to a motel. She

was arrested and charged with rape in the second degree, forcible sodomy, and enticing a
child under 16 into a secluded place.
8.

Caswell entered a guilty plea to all counts.

9.

Prior to her sentencing, Caswell appeared on national television on the Dr.

Phil Show to discuss the above-described events. She did not name Micah, but Caswell
did state her sexual relationship was with her student.
10.

Micah reports feelings of depression, isolation, and self-blame for the events

that transpired. He experienced humiliation when members of his community publically
chastised him and when strangers recognized him and questioned him about the scandal.

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11.

Due to the notoriety of these events, the Campbell family transferred Micah

to the Cache school district starting with his junior year of high school. As a result, Micah
was unable to play basketball at Cache and it is unknown whether the coach will allow him
to play his upcoming senior year. It is unclear whether the playing ban on Micah’s junior
year was rule-imposed or a choice by the coach.
12.

Micah’s experience in the Cache school district was troubled. In addition to

students bullying Micah for his sexual past, teachers and teachers’ spouses made veiled
and unveiled public references to the incident.
13.

Today, Micah has trouble sleeping and has been prescribed anti-anxiety and

sleep medications; his therapists report mixed results from the prescriptions. Micah has
few friends, is socially withdrawn, and shows anxiety about going into public spaces.
CONCLUSIONS OF LAW
1.

The Court found in its previous Memorandum Opinion and Order that

Plaintiff Micah Campbell was entitled to judgment as a matter of law on his battery claim.
(Order, Dkt. No. 82, p. 15.) Thus, only the issue of damages remains for trial. (Second
Am. Final Pretrial Report, Dkt. No. 103, p. 4.)
2.

Micah’s other claim remaining against Caswell is intentional infliction of

emotional distress (“IIED”). To recover damages for an IIED claim, Micah must show
“(1) the defendant acted intentionally or recklessly; (2) the defendant’s conduct was
extreme and outrageous; (3) the defendant’s conduct caused the plaintiff emotional
distress; and (4) the resulting emotional distress was severe.” Computer Publ’ns, Inc. v.
Welton, 2002 OK 50, ¶ 7, 49 P.3d 732, 735.
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3.

The Court found in its previous Memorandum Opinion and Order that

Defendant Caswell’s actions were intentional and outrageous. (Order, Dkt. No. 82, p. 14.)
Thus, Plaintiff had satisfied the first and second elements prior to the bench trial and the
third and fourth elements regarding Micah’s emotional distress remain at issue.
4.

The emotional distress suffered will rise to a severity level contemplated by

the tort of IIED if “the distress inflicted is so severe that no reasonable man could be
expected to endure it.” See Restatement (Second) of Torts § 46 cmt. j (1965).
5.

The Court finds Micah has shown severe emotional distress and

psychological damage that no young person could be expected to endure. Judgment is
granted in favor of Plaintiff Micah Campbell and against Defendant Jennifer Caswell on
the IIED claim.
6.

Because the Court cannot allocate the facts and causes of damage between

the two claims, it will award one sum for damages.
7.

In this case, a teacher abused her position of trust and authority to sexually

violate a young man who will face the emotional effects of the encounter for the rest of his
life. Micah is receiving continued professional counseling services, and these professionals
predict he will have future problems accepting female companionship and trusting female
authority figures. Due to his relocation to Cache, Micah is separated from his immediate
family, with whom he had a very close relationship. Micah has lost the companionship of
friends, his basketball dreams, and has suffered a great amount of stigma in a small town
where he went from a well-known high school basketball star to the topic of derogatory
discussion and blame for a large part of the community. It is unacceptable for this
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emotional trauma to unfold during the formative and emotionally fragile years of a young
person’s life. Accordingly, Caswell is liable to Micah for the battery and IIED claims in
the amount of one million dollars ($1,000,000).
8.

The Court found in its previous Memorandum Opinion and Order that

Plaintiff Tyrone Campbell was entitled to judgment as a matter of law on his enticement
claim asserted pursuant to 76 Okla. Stat. § 8. (Order, Dkt. No. 82, p. 13.) Thus, only the
issue of damages remains for trial. (Second Am. Final Pretrial Report, Dkt. No. 103, p. 4.)
9.

Historically, a parent making an enticement claim when a child was seduced

may recover “loss of services, and other direct damages, and possibly for humiliation.”
Johnson v. Harris, 1940 OK 133, ¶ 5, 102 P.2d 940, 942. More recently, the Oklahoma
Supreme Court has interpreted 76 Okla. Stat. § 8 to “grant[] a right of recovery for the
abduction of a child.” Zaharias v. Gammill, 1992 OK 149, ¶ 9, 844 P.2d 137, 138.
10.

The Second Restatement of Torts advises a parent may claim damages for

loss of society of his child and for his emotional distress resulting from its
abduction or enticement. If there has been a loss of service or if the child,
though actually not performing service, was old enough to do so, the parent
can recover for the loss of the service that he could have required of the child
during the period of its absence.
Restatement (Second) of Torts § 700 cmt. g (1977).

However, the facts presented

demonstrate Tyrone was not aware Micah had left his custody.
11.

Tyrone did not present evidence of Micah’s lost services or other direct

damages. Even if he had, the evidence shows Micah was absent for about one hour on the
seven occasions he left the home, and the remaining four occasions do not have time

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approximations, but one would assume they would also be brief encounters. A mere few
hours’ absence does not warrant recovery.
12.

Tyrone testified that because of the incident, some members of the

community no longer speak with him and some have confronted him about the incident.
This does not amount to recoverable emotional distress from enticement. Additionally, the
Court has not located, nor have Plaintiffs provided, a case where a parent recovered
damages for humiliation under this statute.
13.

Accordingly, the Court finds Plaintiff Tyrone Campbell failed to demonstrate

damages for the enticement claim. Although summary judgment was previously granted
in favor of Plaintiff Tyrone Campbell and against Defendant Jennifer Caswell, the damages
are zero dollars ($0).
CONCLUSION
For the reasons stated, Judgment shall be entered as follows: in favor of Plaintiff
Micah Campbell and against Defendant Jennifer Caswell on the intentional infliction of
emotional distress and battery claims in the amount of $1,000,000; in favor of Plaintiff
Tyrone Campbell and against Defendant Jennifer Caswell on the enticement claim in the
amount of $0.
IT IS SO ORDERED this 10th day of August, 2017.

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