Holman by and Through Holman v. Wheeler

IRWIN, Justice:

This case involves a tort action against a school superintendent (appellee) who allegedly spanked and beat a 10-year-old student with unnecessary and excessive force while administering school discipline. The issue presented is whether the superintendent is entitled to invoke the provisions of The Political Subdivision Tort Claims Act (51 O.S.1981, §§ 151 et seq.) as a defense.

Appellants made no attempt to comply with the Tort Claims Act. Appellee demurred to the petition on the grounds that the Act was applicable and that appellants’ petition was insufficient to state a cause…