IN THE DISTRICT COURT OF PITTSBURG COUNTY
STATE OF OKLAHOMA
TRENT HARDAWAY AND )
AIMEE HARDAWAY, as Parents and )
Next Friends of B.H., a minor, )
Plaintiffs,
vs.
INDEPENDENT SCHOOL )
DISTRICT NO. 61-C009 OF )
PITTSBURG COUNTY, )
OKLAHOMA D/B/A KREBS )
SCHOOL BOARD OF EDUCATION, )
AND )
STACY M. PARKER, )
Defendants.
Case No. CJ-2025-45
Judge Mike Hogan
NOTICE OF FILING NOTICE OF REMOVAL TO FEDERAL COURT
The Defendant, properly identified as: Elementary School District No. 9 of Pittsburg County, Oklahoma, commonly known as Krebs Public School District, hereby files the attached copy of their Notice of Removal (Exhibit 1), which was filed on the 14th day of March, 2025, in the United State District Court for the Eastern District of Oklahoma, and advises the District Court of Pittsburg County that the above-styled action has been removed. A copy of the Notice of Removal has been transmitted to the attorneys of record for all parties.
Respectfully submitted,
ROSENSTEIN, FIST & RINGOLD
By:
John E. Priddy, OBA No. 13604
Lindsey E. Albers, OBA No. 19394
525 South Main, Suite 700
Tulsa, OK 74103
Telephone: (918) 585-9211
Facsimile: (918) 583-5617
[email protected]
[email protected]
Attorneys for the School District Defendant
CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing instrument was mailed, via first class mail, proper postage thereon fully prepaid, this 18th day of March, 2025, to:
Eddie Foraker
Halee Simpson
Stipe Law Firm
PO Box 1369
McAlester, OK 74502-1369
Attorneys for Plaintiff
JOHN E. PRIDDY
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
1) TRENT HARDAWAY,
2) AIMEE HARDAWAY, as Parents and)
Next Friends of B.H., a minor,
Plaintiffs,
vs.
1) INDEPENDENT SCHOOL DISTRICT NO. 61-C009 OF PITTSBURG COUNTY, OKLAHOMA D/B/A KREBS SCHOOL BOARD OF EDUCATION,) AND
2) STACY M. PARKER,
Defendants.
Case No. CIV-25-79-SPS
Pittsburg County Case No.: CJ-24-45
NOTICE OF REMOVAL
To the United States District Court for the Eastern District of Oklahoma:
The Defendant, properly named as: Elementary School District No. 9 of Pittsburg County, Oklahoma, commonly known as Krebs Public School (the "School District"),1 pursuant to 28 U.S.C. § 1441 and § 1446, FED. R. CIV. P. 81, and LCvR 81.1 and 81.2, remove an action pending in the District Court for Pittsburg County, Oklahoma, to this Court, and accordingly state:
1. An action has been brought by Trent and Aimee Hardaway, as parents and next friends of B.H., a minor ("Plaintiffs") against the School District and Stacy M. Parker in the District Court of Pittsburg County, Oklahoma, styled as Trent Hardaway and Aimee Hardaway,
1 Plaintiffs misidentified Defendant in the case style as "Independent School District No. 61-C0093 of Pittsburg County, Oklahoma, a/k/a Krebs Board of Education. The proper name is simply Elementary School District No. 9 of Pittsburg County, Oklahoma, commonly known as Krebs Public School.
as Parents and Next Friends of B.H., a minor v. Independent School District No.61-C0009 of Pittsburg County, Oklahoma, Case No. CJ-2025-45 (the “State Court Action”).
2. Pursuant to 28 U.S.C. § 116(b), Pittsburg County is within the federal judicial district served by the United States District Court for the Eastern District of Oklahoma.
3. The School District first received a copy of the Plaintiffs’ Petition on March 4, 2025. Plaintiffs’ Petition asserts a claim against the School District for constitutional violations pursuant to 42 U.S.C. § 1983. Specifically, the Plaintiffs alleged violations of the minor’s Fourteenth Amendment rights. Plaintiffs also allege several claims for relief under Oklahoma law. The Notice of Removal is being filed on March 17, 2025, which is within thirty (30) days after receipt by the School District of Plaintiffs’ Petition in the State Court Action. This Notice of Removal is, therefore, timely. 28 U.S.C. § 1446(b).
4. Pursuant to 28 U.S.C. § 1331, the United States District Court for the Eastern District of Oklahoma has original jurisdiction over the Plaintiffs’ constitutional claims pursuant 42 U.S.C. § 1983 against the School District Defendant.
5. The United States District Court for the Eastern District of Oklahoma also has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367, over any claims advanced by Plaintiffs under Oklahoma law which arise out of the same case or controversy as their federal claims.
6. Pursuant to 28 U.S.C. § 1441, removal of the State Court Action to the United States District Court for the Eastern District of Oklahoma is proper.
7. Defendant Parker has not yet been served in this action. Defendant School District has been unable to determine whether Defendant Parker would consent to removal in this action.
8. All documents filed or served from the State Court Action, along with a copy of the state court docket sheet, are attached to this Notice of Removal and made a part hereof as Exhibits 1-4 respectively. 28 U.S.C. § 1446(a); LCvR 81.2.
10. The School District Defendant demands TRIAL BY JURY.
Respectfully submitted,
ROSENSTEIN, FIST & RINGOLD
By: s/ John E. Priddy
John E. Priddy, OBA No. 13604
Lindsey E. Albers, OBA No. 19394
525 South Main, Suite 700
Tulsa, OK 74103
Telephone: (918) 585-9211
Facsimile: (918) 583-5617
[email protected]
[email protected]
Attorneys for the School District Defendant
CERTIFICATE OF DELIVERY
☒ I hereby certify that on March 14, 2025, I electronically transmitted the attached document to the Clerk of the Court using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants, to:
Eddie Foraker
Halee Simpson
Attorneys for Plaintiff
s/ John E. Priddy
JOHN E. PRIDDY
The information on this page is NOT an official record. Do not rely on the correctness or completeness of this information. Verify all information with the official record keeper. The information contained in this report is provided in compliance with the Oklahoma Open Records Act, 51 O.S. 24A.1. Use of this information is governed by this act, as well as other applicable state and federal laws.
IN THE DISTRICT COURT IN AND FOR PITTSBURG COUNTY, OKLAHOMA
No. CJ-2025-00045
(Civil relief more than $10,000: CIVIL JUDGMENT)
HARDAWAY, TRENT et al VS. INDEPENDENT SCHOOL DISTRICT #61-C009 OF PITTSBURG CO. OK DBA KREBS SCHOOL BOARD OF EDUCATION et al
Filed: 02/25/2025
Judge: HOGAN, MIKE
PARTIES
HARDAWAY, TRENT, Plaintiff
HARDAWAY, AIMEE, Plaintiff
AS PARENTS AND NEXT FRIENDS OF B.H., A MINOR, Plaintiff
INDEPENDENT SCHOOL DISTRICT #61-C009 OF PITTSBURG CO. OK DBA KREBS SCHOOL BOARD OF EDUCATION, Defendant
PARKER, STACY M., Defendant
ATTORNEYS
Attorney Represented Parties
FORAKER, EDDIE
EVENTS
None
ISSUES
1. CIVIL JUDGMENT
DOCKET
Date Code Description
02/25/2025 [TEXT]
F & E PETITION
Document Available at Court Clerk’s Office
(Entry with fee only) $ 6.00
(Entry with fee only) $ 7.00
OKLA. COURT INFORMATION SYSTEM $ 25.00
LENGTHY TRIAL FUND $ 10.00
OK COURT APPOINTED SPECIAL ADVOCATES $ 5.00
10% OF CASA TO COURT CLERK REVOLVING FUND $ 0.50
OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND $ 1.55
10% OF COJC TO COURT CLERK REVOLVING FUND $ 0.16
COURTHOUSE SECURITY FEE $ 10.00
10% OF CHSC TO COURT CLERK REVOLVING FUND $ 1.00
STATE JUDICIAL REV. FUND INTERPRETER & TRANSLATOR SERVICES $ 0.45
15% TO DISTRICT COURT REVOLVING FUND $ 2.48
COURT CLERK PRESERVATION FUND $ 10.00
02/25/2025 [TEXT] $ 10.00
F AND E ISSUING SUMMONS BACK TO ATNY (STACY PARKER)
Document Available (#1084256175) TIFF PDF
02/25/2025 [TEXT] $ 10.00
F AND E ISSUING SUMMONS BACK TO ATNY (INDEPENDANT SCHOOL DISTRICT #61-C009)
Document Available (#1084256498) TIFF PDF
03/10/2025 [TEXT]
RETURN SUMMONS; INDEPENDENT SCHOOL DISTRICT #61-C009 SERVED 3/4/25 BY CERTIFIED MAIL
Document Available (#1084387619) TIFF PDF
IN THE DISTRICT COURT OF PITTSBURG COUNTY
STATE OF OKLAHOMA
TRENT HARDAWAY AND AIMEE )
HARDAWAY, AS PARENTS AND NEXT )
FRIENDS OF BRECKEN HARDAWAY, )
A MINOR, )
) Case No. CJ-2025-45
Plaintiffs,
)
)
v. )
)
INDEPENDENT SCHOOL DISTRICT )
NUMBER 61-C009 OF PITTSBURG )
COUNTY OKLAHOMA DBA KREBS SCHOOL )
BOARD OF EDUCATION, and )
STACY M. PARKER, )
Defendants.
PETITION
COME NOW the Plaintiffs, Trent Hardaway and Aimee Hardaway, as parents and next friends of Brecken Hardaway, by and through undersigned counsel, and for their cause of action against Defendants, allege and state as follows:
1. At all times relevant hereto, Plaintiffs were residents of Pittsburg County, Oklahoma.
2. Plaintiffs Trent Hardaway and Aimee Hardaway are the parents of Brecken Hardaway, a minor child.
3. Defendant, Independent School District Number 61-C009, is a political subdivision located within Pittsburg County, Oklahoma.
4. Stacy M. Parker is an individual who upon information and belief resides in Pittsburg County Oklahoma.
5. The incident giving rise to this lawsuit occurred at Krebs Elementary School which is located in Pittsburg County, Oklahoma.
6. On August 14, 2023, Brecken Hardaway's teacher, Stacy M. Parker, assaulted and battered her student, Brecken Hardaway, by dragging him across the floor by his feet, ankles, and shoulders against his will, throwing him into a desk, turning it towards the wall, and
restraining him to his desk by holding him in place by her feet, thereby causing Brecken to suffer injuries and damages.
7. The acts and omissions described in paragraph six above constitute negligence, gross negligence, reckless disregard for Brecken Hardaway's rights and safety, for which Plaintiffs claim damages against the Defendants, Independent School District Number 61-C009 of Pittsburg County, Oklahoma, and Stacy M. Parker.
8. As a result of Defendants' tortious acts, omissions, and extreme and outrageous conduct, Brecken Hardaway and his parents, Trent Hardaway and Aimee Hardaway, incurred and will incur medical expenses, suffered and will suffer physical and mental pain, suffered and will suffer extreme emotional distress, suffered and will suffer physical impairments and disabilities, disfigurement and have been otherwise injured and damaged in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, for which damages are claimed herein.
9. Trent Hardaway and Aimee Hardaway complied with the Governmental Tort Claims Act, found at Title 51 O.S. § 151, et seq, by giving notice of this claim to Defendants within one year of the incident described in paragraph six and a period in excess of ninety days has elapsed since the time Trent Hardaway and Aimee Hardaway gave notice of this claim. Therefore, the claim is deemed denied pursuant to Title 51 O.S. § 157.
10. The acts and omissions described above constitute a violation of the substantive due process rights of Brecken Hardaway pursuant to Article II, Section 7 of the Oklahoma Constitution and the due process clause of the Fourteenth Amendment to the United States Constitution and this action is brought pursuant to 42 U.S.C. §§ 1983 and the Oklahoma Constitution.
11. The force applied to Brecken Hardaway was so severe, was so disproportionate to the need presented, and was so inspired by malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of official power that shocks to the conscious.
12. Under the circumstances then existing and apparent, the use of force to restrain Brecken Hardaway was unreasonable, illegal and in violation of the Fourth Amendment to the United States Constitution and Article 2, Section 30 of the Oklahoma Constitution and this action is brought to recover therefore pursuant to 42 U.S.C. §§ 1983 and the Oklahoma Constitution.
WHEREFORE, Plaintiffs pray for judgment against the Defendants in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, together with attorney fees, costs, and any such further relief to which Plaintiffs may show themselves entitled.
Respectfully Submitted,
Trent Hardaway and Aimee Hardaway,
By: [signature]
Eddie Foraker, OBA# 22564
Halen Simpson, OBA # 36255
Stipe Law Firm
P.O. Box 1369
McAlester, OK 74502-1369
(918) 423-0421
(918) 423-0266 Facsimile
www.stipelaw.com
Attorneys for Plaintiff
ATTORNEY'S LIEN CLAIMED
IN THE DISTRICT COURT OF PITTSBURG COUNTY
STATE OF OKLAHOMA
TRENT HARDAWAY AND AIMEE )
HARDAWAY, AS PARENTS AND NEXT )
FRIENDS OF BRECKEN HARDAWAY, )
A MINOR, )
Plaintiffs,
v.
INDEPENDENT SCHOOL DISTRICT )
NUMBER 61-C009 OF PITTSBURG )
COUNTY, OKLAHOMA, and )
STACEY M. PARKER, )
Defendants.
Case No. CJ-2025-45
SUMMONS
TO THE ABOVE-NAMED DEFENDANT: Independent School District
Number 61-C009 of Pittsburg County, OK
P.O. Box 67
Krebs, OK 74554-0067
YOU have been sued by the above-named Plaintiffs, and you are directed to file a written answer to the attached Petition in the court at the above address within (20) days after service of this summons upon you, exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorneys for the Plaintiffs.
Unless you answer the petition within the time stated, judgment will be rendered against you with costs of the action.
ISSUED this 25 day of FEB., 2025.
[Signature]
Court Clerk
By: [Signature]
Deputy
Attorney for Plaintiff:
Eddie Foraker, OBA # 22564
Halee Simpson, OBA # 36255
Stipe Law Firm
343 East Carl Albert Parkway
P.O. Box 1369
McAlester, OK 74502
Phone: (918) 423-0421
Fax: (918) 423-0266
[email protected]
YOU MAY SEEK THE ADVICE OF ANY ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR ANY ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.
THIS SUMMONS WAS SERVED ON THE _____ DAY OF ____________, 2025.
______________________________
Signature of Person Serving Summons
IN THE DISTRICT COURT OF PITTSBURG COUNTY
STATE OF OKLAHOMA
TRENT HARDAWAY AND AIMEE )
HARDAWAY, AS PARENTS AND NEXT )
FRIENDS OF BRECKEN HARDAWAY, )
A MINOR, )
)
Plaintiffs,
)
v. )
)
INDEPENDENT SCHOOL DISTRICT )
NUMBER 61-C009 OF PITTSBURG )
COUNTY, OKLAHOMA, and )
STACY M. PARKER, )
)
Defendants.
Case No. CJ-2025-45
SUMMONS
TO THE ABOVE-NAMED DEFENDANT: Stacy M. Parker
1700 S. Mississippi Ave, Apt B
Ada, OK 74820
YOU have been sued by the above-named Plaintiffs, and you are directed to file a written answer to the attached Petition in the court at the above address within (20) days after service of this summons upon you, exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorneys for the Plaintiffs.
Unless you answer the petition within the time stated, judgment will be rendered against you with costs of the action.
ISSUED this 25 day of FEB, 2025.
Dan Smith, Court Clerk
By: Jennifer Smith Deputy
Attorney for Plaintiff:
Eddie Foraker, OBA # 22564
Halee Simpson, OBA # 36255
Stipe Law Firm
343 East Carl Albert Parkway
P.O. Box 1369
McAlester, OK 74502
Phone: (918) 423-0421
Fax: (918) 423-0266
[email protected]
YOU MAY SEEK THE ADVICE OF ANY ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR ANY ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.
THIS SUMMONS WAS SERVED ON THE ____ DAY OF ____________, 2025.
______________________________
Signature of Person Serving Summons
IN THE DISTRICT COURT OF PITTSBURG COUNTY
STATE OF OKLAHOMA
TRENT HARDAWAY AND AIMEE HARDAWAY, AS PARENTS AND NEXT FRIENDS OF BRECKEN HARDAWAY, A MINOR,
Plaintiffs,
v.
INDEPENDENT SCHOOL DISTRICT NUMBER 61-C009 OF PITTSBURG COUNTY, OKLAHOMA, and STACEY M. PARKER,
Defendants.
Case No. CJ-2025-45
SUMMONS
TO THE ABOVE-NAMED DEFENDANT: Independent School District Number 61-C009 of Pittsburg County, OK P.O. Box 67 Krebs, OK 74554-0067
YOU have been sued by the above-named Plaintiffs, and you are directed to file a written answer to the attached Petition in the court at the above address within (20) days after service of this summons upon you, exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorneys for the Plaintiffs.
Unless you answer the petition within the time stated, judgment will be rendered against you with costs of the action.
ISSUED this 25 day of FEB., 2025.
By: Pam Smith, Court Clerk
By: Jenifer Smith Deputy
Attorney for Plaintiff:
Eddie Foraker, OBA # 22564
Halee Simpson, OBA # 36255
Stipe Law Firm
343 East Carl Albert Parkway
P.O. Box 1369
McAlester, OK 74502
Phone: (918) 423-0421
Fax: (918) 423-0266
[email protected]
YOU MAY SEEK THE ADVICE OF ANY ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR ANY ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.
THIS SUMMONS WAS SERVED ON THE 4th DAY OF March, 2025.
Signature of Person Serving Summons
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
■ Article Addressed to:
Independent School District Number (01-C009 Of Pittsburg Co., OK)
P.O. Box 47
Krebs, OK 74554
■ Article Number (Transfer from service label)
9 0710 5270 0154 7976 93
COMPLETE THIS SECTION ON DELIVERY
A. Signature
[Signature]
B. Received by Printed Name) [Name]
Date of Delivery 8-21-25
C. Agent ☐
Addressee ☐
D. Is delivery address different from item 1?
If YES, enter delivery address below: ☐ Yes ☐ No