Former employees alleged they were fired for exercising their First Amendment rights; settlements include no admission of wrongdoing.
OKLAHOMA CITY — The Oklahoma State Department of Education will pay $132,000 to settle two federal lawsuits brought by former employees who alleged they were fired during former State Superintendent Ryan Walters’ administration for engaging in protected speech.
The settlements resolve separate lawsuits filed in 2023 by Cheryl McGee, the agency’s former executive director of school-based mental health, and Matt Colwell, a former department employee. Both sued Walters and his former senior adviser, Matt Langston, after being terminated from the agency.
Because Walters and Langston were acting within the scope of their official duties as agency officials, the state is responsible for paying the settlements under Oklahoma’s indemnification law. Education Department spokesperson Tara Thompson confirmed the money will come from the agency’s funds.
“We are hopeful this settlement brings OSDE one step closer to a resolution of outstanding legal issues so that our attention and resources can be focused on serving the students of Oklahoma,” Thompson said.
Settlements deny wrongdoing
According to the settlement agreements obtained by Oklahoma Voice, Walters and Langston denied violating the law and signed the agreements “solely for the purpose of avoiding further expenses of litigation.” The agreements state the settlements do not constitute an admission of liability.
Attorney W. Caleb Jones, who represented Walters and Langston, declined to comment. Walters and Langston did not respond to requests for comment, according to Oklahoma Voice. Both left the Education Department in September after Walters accepted a position leading an anti-teacher-union organization.
Former employees alleged retaliation
McGee and Colwell alleged they were fired after sharing information outside the Education Department.
According to her lawsuit, McGee was fired May 25, 2023, after sharing with the news media an internal email from Langston warning employees they could be terminated if they leaked information from the agency. The lawsuit says Langston later said he had formatted the emails with subtle differences so he could identify the source of any leaks.
Colwell was fired the following day after sharing concerns about the department’s teacher signing bonus program with the Oklahoma Attorney General’s Office and a state representative, according to his lawsuit. He alleged he warned the program could violate state and federal requirements and result in millions of dollars in additional costs.
Both plaintiffs contended Walters and Langston violated their First Amendment rights by imposing an overly broad restriction on their speech.
Settlement amounts
Under the agreements, McGee’s case settled for $100,000. She will receive $30,000 plus an additional $20,000 for lost wages, while the remaining $50,000 will go to the law firm representing her.
Colwell’s lawsuit settled for $32,000. Half of the settlement will go to his attorneys, while the remaining half will go to Colwell and for lost wages.
Attorney Mark Hammons, who represented both plaintiffs, said the settlements are “a source of vindication” for his clients, whom he said were punished after raising concerns about agency actions.
This story is based on reporting by Oklahoma Voice.
