Case 5:12-cv-01293-D Document 1 Filed 11/26/12 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DEBBI HYATT, as the Parent and Next Friend of G.J.H., Plaintiff, v. BOARD OF REGENTS OF OKLAHOMA COLLEGES ex rel. SOUTHERWESTERN OKLAHOMA STATE UNIVERSITY; THE OFFICE OF JUVENILE AFFAIRS; ROBERT E. CHRISTIAN, in his Individual and Official Capacities; JANA WAFFLE, in her Individual and Official Capacities; JOHN DOES, in their Individual and Official Capacities; Defendants. ATTORNEY LIEN CLAIMED JURY TRIAL DEMANDED COMPLAINT COMES NOW the Plaintiff, Debbi Hyatt, as the Parent and Next Friend of G.J.H., by and through her attorney of record, Donald E. Smolen, II, of Smolen, Smolen & Roytman, PLLC, and for her claims against the Defendants, hereby alleges and states the following: JURISDICTION AND VENUE 1. The jurisdiction of this Court is invoked, pursuant to 28 U.S.C. 1343(a), to secure protection and to redress deprivations of rights secured by the Fourteenth Amendment to the United States Constitution. This Amendment provides for the rights of all persons within the jurisdiction of the United States to enjoy equal protection of the law and freedom from deprivations of liberty and property without due process of law, as enforced by the Civil Rights Act of 1872, 42 Case No. CIV-12-1293-D

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U.S.C. 1983, which provides for protection of the civil rights of all persons and redress of deprivation of rights under color of law. 2. The jurisdiction of this Court also is invoked under 28 U.S.C. 1331 to resolve a controversy arising under the Constitution and laws of the United States, particularly the Fourth and Fourteenth Amendments of the United States Constitution and 42 U.S.C. 1983. 3. The supplemental jurisdiction of this Court is invoked over Plaintiffs state law claims pursuant to 28 U.S.C. 1367. 4. Venue is appropriate in the United States District Court for the Western District of Oklahoma, pursuant to 28 U.S.C. 1391(b). PARTIES 5. Paragraphs 1-4 are incorporated herein by reference. 6. Plaintiff is a resident of Sperry, Oklahoma, where she resides with G.J.H. 7. Defendant Board of Regents of Oklahoma Colleges ex rel. Southwestern Oklahoma State University (SWOSU) is a body corporate created by the laws of the State of Oklahoma and charged with the supervision, management and control of Southwestern Oklahoma State University. 70 O.S. 3509, 3510. 8. The Office of Juvenile Affairs (OJA) is a state agency created by the law of the State of Oklahoma responsible for programs and services for juveniles alleged or adjudicated to be delinquent or in need of supervision. 10A O.S. 2-7-202. 9. Robert E. Christian was, at all times relevant hereto, the Executive Director of the OJA, legally responsible for providing for the administration of the OJA, including, but not limited to, supervising the activities of the OJA, employing and

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appointing such personnel as he deemed necessary in the performance or carrying out of any of the purposes, objectives, responsibilities or statutory provisions relating to the OJA, and establishing all policies and procedures for the proper and efficient administration of the OJA. 10A O.S. 2-7-201. Defendant Christian is being sued in his individual and official capacities. 10. Defendant Jana Waffle was, at all times relevant hereto, an officer employed by either or both Defendant SWOSU and Defendant OJA, under the direction and control of Defendant Christian, employed at the SWOSU Salt Fork Adventure Program. Defendant Waffle is being sued in her individual and official capacities. 11. The John Doe Defendants are individuals employed by either or both Defendant SWOSU and Defendant OAJ responsible for (1) establishing the policies and procedures regarding the administration of the SWOSU Salt Fork Adventure Program, including those individuals responsible for hiring and supervising Jana Waffle and the juveniles committed to the SWOSU Salt Fork Adventure Program by Defendant OJA, and/or (2) conspiring to cover up from Plaintiff and the public at large the injurious acts committed against G.J.H. and other residents of the SWOSU Salt Fork Adventure Program. 12. The incident that gave rise to this litigation occurred in Grant County, Oklahoma. STATEMENT OF FACTS 13. Paragraphs 1-12 are incorporated herein by reference. 14. G.J.H. was committed to the custody and supervision of the OJA on or about November 3, 2011.

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15. At all times relevant hereto, Defendant OJA, by and through Executive Director Christian, was under contract with the SWOSU Salt Fork Adventure Program for the provision of juvenile rehabilitation services. 16. Defendant OJA delivered G.J.H. to the SWOSU Salt Fork Adventure Program in Nash, Oklahoma. 17. At the time G.J.H. arrived at the SWOSU Salt Fork Adventure Program, Defendant Waffle was employed there as security personnel. 18. Defendant Waffle coerced G.J.H. into a sexual relationship with her, threatening him that if he did not have sexual relations with her, he would be punished. 19. Defendant Waffle also provided G.J.H. with alcoholic beverages both on and off the grounds of the SWOSU Salt Fork Adventure Program. 20. G.J.H. was prohibited from leaving the grounds of the SWOSU Salt Fork Adventure Program without proper leave. 21. On or about January 31, 2012, Defendant Waffle provided G.J.H. with alcohol in her car while on the grounds of the facility. 22. When G.J.H. was inebriated, Waffle left the facility with G.J.H. and another resident. Waffle took the boys to her house in Jett, Oklahoma. 23. At her house, Waffle provided more alcohol to G.J.H. and gave him marijuana. 24. Waffle then had sexual relations with G.J.H. and took pictures of him naked. 25. When she was done, Waffle, herself inebriated, drove the boys back towards the SWOSU Salt Fork Adventure Programs at speeds in excess of 110 m.p.h. 26. In the course of such reckless endangerment, Waffle was pulled over and arrested for driving under the influence. Waffle ultimately pled guilty and was convicted

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of child endangerment (Grant County Court Case No. CF-2012-8), contributing to the delinquency of minors (Grant County Court Case No. CM-2012-15), speeding in excess of lawful maximum limit (Grant County Court Case No. CM-2012-16), transporting an open bottle or container of liquor (Grant County Court Case No. CJ-2012-17). 27. Thereafter, Defendants conspired to conceal and cover up what happened to G.J.H. from Plaintiff and the public at large. CLAIMS FOR RELIEF I. Violation of G.J.H.s Constitutional Rights under 42 U.S.C. 1983. 28. Paragraphs 1-27 are incorporated herein by reference. 29. By engaging in sexual relations with G.J.H., providing him drugs and alcohol while he was a minor committed to the OJA for rehabilitation, taking pictures of G.J.H. naked, and driving G.J.H., while intoxicated, at speeds well over the legal limit, Defendant Waffle knew or should have known that serious harm was likely to occur. Defendant Waffle acted with reckless intent under color of law,

unreasonably disregarding an obvious risk of serious harm to G.J.H. and all other juveniles committed to the SWOSU Salt Fork Adventure Program. 30. By hiring, failing to supervise and allowing Waffle to engage in sexual relations with G.J.H., provide G.J.H. with drugs and alcohol, take pictures of G.J.H. naked, and drive, while intoxicated, at speeds well over the legal limit, Defendants knew or should have known that serious harm was likely to occur. Defendants acted with reckless intent under color of law, unreasonably disregarding an obvious risk

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of serious harm to G.J.H. and all other juveniles committed to the SWOSU Salt Fork Adventure Program. 31. Defendants are liable under 1983 for abusing their governmental power and thereby violating G.J.H.s substantive due process rights by recklessly and/or intentionally exposing him to an unreasonable risk of harm, with deliberate indifference to his health, safety, and well-being. 32. Defendants had ample opportunity to deliberate and prevent the actions alleged herein from occurring; there was no situation calling for fast action. 33. G.J.H.s safety and peace of mind was threatened by Defendant Waffle if he failed to comply with her directions; yet deliberate indifference to G.J.H.s health and safety put G.J.H. at serious and substantial risk if he did comply with her directions. 34. Defendants actions and inaction were so egregious, outrageous and fraught with unreasonable risk as to shock the conscience of a reasonable person. 35. At all times, Defendants acted under color and pretense of state law, exercising government power without any reasonable justification in the service of a legitimate government objective. 36. As a direct and proximate cause of Defendants conduct, G.J.H. sustained damages, including but not limited to bodily injury, physical and mental pain and suffering, medical expenses, as well as other damages in excess of $75,000.00. II. Supervisor/Municipal Liability pursuant to 42 U.S.C. 1983 37. Paragraphs 1-36 are incorporated herein by reference.

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38. Defendants Christian and the John Doe Defendants wholly failed to properly instruct, train and supervise Defendant Waffle or any OJA/SWOSU employees in the care and custody of minors. 39. Defendants inadequate policy with respect to training, supervision and discipline concerning the safety of minor residents amounted to deliberate indifference to the rights of minor residents. 40. This inadequacy was clearly likely to result in the violation of minor residents constitutional rights to be secure in their persons. 41. Defendants acts of failing to institute adequate training, supervision, discipline procedures, customs and/or practices with respect to minor resident safety, lead directly to G.J.H.s damages, including but not limited to serious bodily injury, physical and mental pain and suffering, as well as other damages in excess of $75,000.00. III. Negligence1 42. Paragraphs 1-41 are incorporated herein by reference. 43. Defendants owed G.J.H., and all minor residents, a duty to use reasonable care in the care, supervision, treatment and security of minor residents at the Salt Fork Adventure Program facility. 44. Defendants breached that duty by wholly failing to provide G.J.H. with proper care, supervision, treatment and security.

Pursuant to 51 O.S. 156, Plaintiff notified Defendants of her negligence claim on and such claim was denied on May 1, 2012. This action is timely filed within one hundred and eighty (180) days of denial. 7

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45. As a direct and proximate cause of Defendants negligence, G.J.H. has suffered real and actual damages, including but not limited to mental and physical pain and suffering, emotion distress, mental anguish and other damages in excess of $75,000.00.

WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant her the relief sought, including but not limited to, actual damages in excess of Seventy-Five Thousand Dollars ($75,000) with interest accruing from the date of filing suit, punitive damages in excess of Seventy-Five Thousand Dollars ($75,000), reasonable attorneys fees, the cost of bringing this action, and all other relief deemed appropriate by this Court. Respectfully submitted, SMOLEN, SMOLEN & ROYTMAN, PLLC

/s/Donald E. Smolen, Donald E. Smolen, II, OBA #19944 Laura M. Lauth, OBA #22619 701 S. Cincinnati Avenue Tulsa, Oklahoma 74119 (918) 585-2667 P (918) 585-2669 F Attorneys for Plaintiff

JS 44 (Rev. 09/11)

Case 5:12-cv-01293-D Document 1-1 Filed 11/26/12 Page 1 of 2

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

Debbi Hyatt, as the Parent and Next Friend of G.J.H.,

I. (a) PLAINTIFFS

Rocard of Regents of Oklahoma Colleges, The Office of Juvenile Affiars, Robert E. Christian, Jana Waffle and John Doe Defendants
County of Residence of First Listed Defendant
NOTE: (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

DEFENDANTS

(b) County of Residence of First Listed Plaintiff Grant County, Oklahoma

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Donald E. Smolen, II, Smolen, Smolen & Roytman, 701 S. Cincinnati Ave., Tulsa, Oklahoma (918-585-2667)

Attorneys (If Known)

Unknown

II. BASIS OF JURISDICTION

1 U.S. Government Plaintiff

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

(For Diversity Cases Only) PTF Citizen of This State 1 2 3 DEF 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 5 6

3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)

U.S. Government Defendant

Citizen of Another State

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions

V. ORIGIN
1 Original Proceeding

Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

(Place an X in One Box Only)

VI. CAUSE OF ACTION Brief description of cause:

42 U.S.C. 1983; 28 U.S.C. 1331, 1343 and 1367

Vioaltion of G.J.H.'s rights under the Due Process Clause of the Fifth and Fourteenth Amendments
DEMAND $ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 75,000.00 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

11/26/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/Donald E. Smolen, II

APPLYING IFP

JUDGE

MAG. JUDGE

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JS 44 Reverse (Rev. 09/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.