Update: A Rush To Summary Judgement In Chaffin v Independent School District 16 And Individual Stillwater Public School Board Members

Last updated:
Stillwater, Ok October, 23 (The Oklahoma Post)-

We have updates to the Brice Chaffin v. Independent School District No 16 of Payne County et al case, as oral arguments were made on the behalf of both parties for summary judgment. Questions remain: Was there a legitimate interest in shutting down the free speech earlier than the slotted 3 minutes?

The arguments today by the Plaintiff, Brice Chaffin, were lite in regards to questioning policy irregularities and focused upon specific “religious” speech interference in a public forum. No evidence was presented by either party through an oral motion when arguing today’s motion. Evidence entry through the argument of motion is what Judge Kistler has suggested as best practice in his courtroom or with a written brief just before trial.

On Friday, July 22nd, Payne County Judge Kistler, already ruled on a motion to dismiss the lawsuit by Chaffin and a group named Reclaim Oklahoma Parent Empowerment (ROPE) and they were allowed to carry forward with their lawsuit.

Honorable Payne County Judge Steven Kistler ruled that the case would continue in November, with the next date being a pre-trial hearing. The case hasn’t made it to trial yet, according to observers both parties have presented all their evidence to Judge Kistler, thus both sides moved for dueling summary judgments. Chaffin is asking for a public apology and a few bucks in the case.

The public school’s arguments focused on one-time House 33 candidate Brice Chaffine allegedly disrupting the process of the public meeting. However, there were no disruptions to the meeting created or noted other than what the school representatives determined to be off-topic religious speech. The attending crowds were mostly sitting quietly in support of the same issue at hand.

The judge admitted he had yet to have the opportunity to review the evidence (the whole video) and would pause his ruling until having reviewed the information presented. Ironically, the word frivolous was never uttered in our review of the presented verbal information.

The judge plans to review the case information before ruling and issue orders as appropriate.

Other Cases On The Docket: Freedom of Information

Also on the docket was a Motion To Dismiss a Freedom Of Information Act case CJ-2022-263 against the Stillwater Mayor, City Manager, and Police Chief. No evidence was allowed to be presented by the former Stillwater, Oklahoma resident Gregory Moyer in response to the Defendants’ motions. A motion of the exhibits list was filed in the case Wednesday before the hearing and potential witnesses were on hand, but not allowed to be called. The information reviewed would show a pattern of regular and irregular activity that was not by any other policy, part of a procedure, and done in a negligent manner as it is factual that Mr. Moyer received four separate different answers and sets of information. The information was used against Mr. Moyer in a dismissed federal civil suit. The information was also used against The City of Stillwater, by Mr. Moyer in a recent suit filing.

The City of Stillwater had to hire an attorney, on their own accord, to review the police report years removed, but stated publicly prior to the hiring date that the information of others had already been investigated. Families in numerous family courts and juvenile cases are now questioning the acts of a few who were charged to act in more professional manners.

Just last week, the newly hired city attorney again, through email, refused to look at the information provided by Mr. Moyer. At the end of Friday’s hearing, one where no evidence was allowed to be presented nor any witness testimony, Judge Kistler issued a ruling dismissing the case; however, he specifically said the lawsuit filed by Mr. Moyer was NOT frivolous and the issue was that the information can, and should be, obtained in a different way, but that there was not an FOI argument on its face. Judge Kistler made it clear that Mr. Moyer has a right to the information.

The Saville Center, Inc was at the center of the lawsuit and has claimed that they were simply a non-profit and the information would be provided by court order in a different jurisdiction. Plaintiff argued that the agency receives more than 60% of its funding from government sources and its agents can’t perform the whole of its duties without government personnel and involvement. A Motion For Attorney Fees was denied.

Mr. Moyer disagrees with the decision made by Judge Kistler in his case and he can appeal the decision, “I respect the judges reasoning and authority. He’s more than patient. I’m moving ahead and leaning into the continued fight in the jurisdiction that will allow for my children to be recognized as more than object property. Even I can make stolen diamonds shine, when in fact treating children as property, or as a tool, leads to ill effects seen in families and children years down the road. As has been uncovered in Missouri and California, the system of forced adoption through parental alienation is coming apart at the seams, as the practice doesn’t align with law, ethics, or what God our creator wants for our country. It’s gross misconduct to see this happening to other families as if it’s a game. To wait for more than five (5) years without having a day in court on any single answer other than FOI is disgusting. So, action has to be taken. Parental alienation is not normal behavior and, in fact, is abusive with evil intent. The ruling by Judge Kistler is fine for me, but probably wouldn’t be the correct ruling for a different citizen. I think in the end it goes to bolster a tort claim notice sitting in the hands of the City of Stillwater for defamation and targeting. A friendly suit or unfriendly tort suit will be filed either way.”

Moyer has filed for service of a second suit on behalf of his children and himself in the Western District Federal Court of Oklahoma, against individual parties who have committed fraud on the court and other egregious acts against Mr. Moyer in the act of ongoing injustice. Unlike the first suit, no state actors were named. Officials of the State of Oklahoma are bound by laws to ensure child withholding is not allowed, justice is not obstructed, ensure policy is followed on behalf of citizens and consistently enacted and, finally, have a responsibility for ensuring due process in every single case.

A third class action suit against the State of Oklahoma Department of Human Services and the State Of Oklahoma is likely in the works to ensure the U.S. The Constitution and subsequent guidelines are followed by the state, for the families (Parents and Children), as proposed in Title 4E planning submission for funding allowed through the Family First Act of 2018. The proof is in the pudding, as they say. Since requesting information from other families, The winner of the Chaffin vs. Talley House 33 primary, John Talley has begun work through the oversight board he heads, a branch of the Oklahoma Department of Human Services to make changes through DHS. Again, if the DHS case is not opened, then forced adoptions would be legal according to Talley organization. Moyer is working to ensure that the loophole is closed to attorneys and politicians who use it as a tool to target indigent families.

Judge Kistler will soon be ending a judicial career with a few decisions that could set precedent in determining what restrictions to speech actually can be made by public officials if the case is appealed and placed into the eventual hands of the State Supreme Court. A unique position to be in prior to retirement. He’s been a service to his community for most of his life. Many of those higher court judicial seats are up for retention vote on the November 8th state ballot.

Original Story And Summary Below

Chaffin_Original_Petition

The primary event occurred at a recorded school board meeting the night of April 12, 2022 when Brice Chaffin was removed from the podium by Stillwater police for reciting scripture.

Chaffin_Stillwater_RESPONSE

(Writing by Allison Brown; Editing by Robbie Robertson)

Copyright 2022 The Oklahoma Post

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