School Laws of Oklahoma

Chapter 2 - Administration
Article IV: The Governmental Tort Claims Act

Section 558. The Governmental Tort Claims Act. (51 O.S. § 151)

This act shall be known and may be cited as “The Governmental Tort Claims Act.”

Under the GTCA, a political subdivision is immune as a matter of law from a claim of tortious interference with a business relationship, committed by its employee, because that tort requires an element of bad faith and thus cannot be committed within the scope of employment by an employee. Tuffy’s, Inc. v. City of Oklahoma City, 2009 OK 4, ___ P.3d ___.

The Governor and officials of political subdivisions ordering evacuations during emergencies would be protected by the general immunity provisions of the Oklahoma Governmental Tort Claims Act. April 23, 2007 (AG Op. No. 07- 11)

Unless a statute of limitations specifically provides otherwise, statutes of limitations do not apply to the state when it is suing in the sovereign capacity. The Oklahoma Governmental Tort Claims Act does not provide otherwise. State ex rel. Oklahoma Department of Transportation v. Board of County Commissioners, 2007 OK CIV APP 126, 174 P.3d 1010

Section 559. Definitions. (51 O.S. § 152)

Section 152. As used in The Governmental Tort Claims Act:

1. “Action” means a proceeding in a court of competent jurisdiction by which one party brings a suit against another;

2. “Agency” means any board, commission, committee, department or other instrumentality or entity designated to act in behalf of the state or a political subdivision;

3. “Charitable health care provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or the practice of a profession and who provides care to a medically indigent person, as defined in paragraph 8 of this section, with no expectation of or acceptance of compensation of any kind;

4. “Claim” means any written demand presented by a claimant or the claimant’s authorized representative in accordance with this act to recover money from the state or political subdivision as compensation for an act or omission of a political subdivision or the state or an employee;

5. “Claimant” means the person or the person’s authorized representative who files notice of a claim in accordance with The Governmental Tort Claims Act. Only the following persons and no others may be claimants:

a. any person holding an interest in real or personal property which suffers a loss, provided that the claim of the person shall be aggregated with claims of all other persons holding an interest in the property and the claims of all other persons which are derivative of the loss, and that multiple claimants shall be considered a single claimant,

b. the individual actually involved in the accident or occurrence who suffers a loss, provided that the individual shall aggregate in the claim the losses of all other persons which are derivative of the loss, or

c. in the case of death, an administrator, special administrator or a personal representative who shall aggregate in the claim all losses of all persons which are derivative of the death;

6. “Community health care provider” means:

a. a health care provider who volunteers services at a community health center that has been deemed by the U.S. Department of Health and Human Services as a federally qualified health center as defined by 42 U.S.C., Section 1396d(l)(2)(B),

b. a health provider who provides services to an organization that has been deemed a federally qualified look-alike community health center, and

c. a health care provider who provides services to a community health center that has made application to the U.S. Department of Health and Human Services for approval and deeming as a federally qualified look-alike community health center in compliance with federal application guidance, and has received comments from the U.S. Department of Health and Human Services as to the status of such application with the established intent of resubmitting a modified application, or, if denied, a new application, no later than six (6) months from the date of the official notification from the U.S. Department of Health and Human Services requiring resubmission of a new application;

7. “Employee” means any person who is authorized to act in behalf of a political subdivision or the state whether that person is acting on a permanent or temporary basis, with or without being compensated or on a full-time or parttime basis.

a. Employee also includes:

(1) all elected or appointed officers, members of governing bodies and other persons designated to act for an agency or political subdivision, but the term does not mean a person or other legal entity while acting in the capacity of an independent contractor or an employee of an independent contractor,
(2) from September 1, 1991, through June 30, 1996, licensed physicians, licensed osteopathic physicians and certified nurse-midwives providing prenatal, delivery or infant care services to State Department of Health clients pursuant to a contract entered into with the State Department of Health in accordance with paragraph 3 of subsection B of Section 1-106 of Title 63 of the Oklahoma Statutes but only insofar as services authorized by and in conformity with the terms of the contract and the requirements of Section 1-233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter when performing duties for a fire department provided for in subparagraph j of paragraph 11 of this section.

b. For the purpose of The Governmental Tort Claims Act, the following are employees of this state, regardless of the place in this state where duties as employees are performed:

(1) physicians acting in an administrative capacity,

(2) resident physicians and resident interns participating in a graduate medical education program of the University of Oklahoma Health Sciences Center, the College of Osteopathic Medicine of Oklahoma State University, or the Department of Mental Health and Substance Abuse Services,

(3) faculty members and staff of the University of Oklahoma Health Sciences Center and the College of Osteopathic Medicine of Oklahoma State University, while engaged in teaching duties,

(4) physicians who practice medicine or act in an administrative capacity as an employee of an agency of the State of Oklahoma,

(5) physicians who provide medical care to inmates pursuant to a contract with the Department of Corrections,

(6) any person who is licensed to practice medicine pursuant to Title 59 of the Oklahoma Statutes, who is under an administrative professional services contract with the Oklahoma Health Care Authority under the auspices of the Oklahoma Health Care Authority Chief Medical Officer, and who is limited to performing administrative duties such as professional guidance for medical reviews, reimbursement rates, service utilization, health care delivery and benefit design for the Oklahoma Health Care Authority, only while acting within the scope of such contract,

(7) licensed medical professionals under contract with city, county, or state entities who provide medical care to inmates or detainees in the custody or control of law enforcement agencies, and

(8) licensed mental health professionals as defined in Sections 1-103 and 5-502 of Title 43A of the Oklahoma Statutes, who are conducting initial examinations of individuals for the purpose of determining whether an individual meets the criteria for emergency detention as part of a contract with the Department of Mental Health and Substance Abuse Services.

Physician faculty members and staff of the University of Oklahoma Health Sciences Center and the College of Osteopathic Medicine of Oklahoma State University not acting in an administrative capacity or engaged in teaching duties are not employees or agents of the state.

c. Except as provided in subparagraph b of this paragraph, in no event shall the state be held liable for the tortious conduct of any physician, resident physician or intern while practicing medicine or providing medical treatment to patients;

8. “Loss” means death or injury to the body or rights of a person or damage to real or personal property or rights therein;

9. “Medically indigent” means a person requiring medically necessary hospital or other health care services for the person or the dependents of the person who has no public or private third-party coverage, and whose personal resources are insufficient to provide for needed health care;

10. “Municipality” means any incorporated city or town, and all institutions, agencies or instrumentalities of a municipality;

11. “Political subdivision” means:

a. a municipality,

b. a school district, including, but not limited to, a technology center school district established pursuant to Section 4410, 4411, 4420 or 4420.1 of Title 70 of the Oklahoma Statutes,

c. a county,

d. a public trust where the sole beneficiary or beneficiaries are a city, town, school district or county. For purposes of The Governmental Tort Claims Act, a public trust shall include:

(1) a municipal hospital created pursuant to Sections 30-101 through 30-109 of Title 11 of the Oklahoma Statutes, a county hospital created pursuant to Sections 781 through 796 of Title 19 of the Oklahoma Statutes, or is created pursuant to a joint agreement between such governing authorities, that is operated for the public benefit by a public trust created pursuant to Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes and managed by a governing board appointed or elected by the municipality, county, or both, who exercises control of the hospital, subject to the approval of the governing body of the municipality, county, or both,

(2) a public trust created pursuant to Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes after January 1, 2009, the primary purpose of which is to own, manage, or operate a public acute care hospital in this state that serves as a teaching hospital for a medical residency program provided by a college of osteopathic medicine and provides care to indigent persons, and

(3) a corporation in which all of the capital stock is owned, or a limited liability company in which all of the member interest is owned, by a public trust,

e. for the purposes of The Governmental Tort Claims Act only, a housing authority created pursuant to the provisions of the Oklahoma Housing Authority Act,

f. for the purposes of The Governmental Tort Claims Act only, corporations organized not for profit pursuant to the provisions of the Oklahoma General Corporation Act for the primary purpose of developing and providing rural water supply and sewage disposal facilities to serve rural residents,

g. for the purposes of The Governmental Tort Claims Act only, districts formed pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act,

h. for the purposes of The Governmental Tort Claims Act only, master conservancy districts formed pursuant to the Conservancy Act of Oklahoma,

i. for the purposes of The Governmental Tort Claims Act only, a fire protection district created pursuant to the provisions of Section 901.1 et seq. of Title 19 of the Oklahoma Statutes,

j. for the purposes of The Governmental Tort Claims Act only, a benevolent or charitable corporate volunteer or full-time fire department for an unincorporated area created pursuant to the provisions of Section 592 et seq. of Title 18 of the Oklahoma Statutes,

k. for purposes of The Governmental Tort Claims Act only, an Emergency Services Provider rendering services within the boundaries of a Supplemental Emergency Services District pursuant to an existing contract between the Emergency Services Provider and the State Department of Health. Provided, however, that the acquisition of commercial liability insurance covering the activities of such Emergency Services Provider performed within the State of Oklahoma shall not operate as a waiver of any of the limitations, immunities or defenses provided for political subdivisions pursuant to the terms of The Governmental Tort Claims Act,

l. for purposes of The Governmental Tort Claims Act only, a conservation district created pursuant to the provisions of the Conservation District Act,

m. for purposes of The Governmental Tort Claims Act, districts formed pursuant to the Oklahoma Irrigation District Act,

n. for purposes of The Governmental Tort Claims Act only, any community action agency established pursuant to Sections 5035 through 5040 of Title 74 of the Oklahoma Statutes,

o. for purposes of The Governmental Tort Claims Act only, any organization that is designated as a youth services agency, pursuant to Section 2-7-306 of Title 10A of the Oklahoma Statutes,

p. for purposes of The Governmental Tort Claims Act only, any judge presiding over a drug court, as defined by Section 471.1 of Title 22 of the Oklahoma Statutes,

q. for purposes of The Governmental Tort Claims Act only, any child-placing agency licensed by this state to place children in foster family homes, and

r. a circuit engineering district created pursuant to Section 687.1 of Title 69 of the Oklahoma Statutes, and all their institutions, instrumentalities or agencies;

12. “Scope of employment” means performance by an employee acting in good faith within the duties of the employee’s office or employment or of tasks lawfully assigned by a competent authority including the operation or use of an agency vehicle or equipment with actual or implied consent of the supervisor of the employee, but shall not include corruption or fraud;

13. “State” means the State of Oklahoma or any office, department, agency, authority, commission, board, institution, hospital, college, university, public trust created pursuant to Title 60 of the Oklahoma Statutes of which the State of Oklahoma is the beneficiary, or other instrumentality thereof; and

14. “Tort” means a legal wrong, independent of contract, involving violation of a duty imposed by general law or otherwise, resulting in a loss to any person, association or corporation as the proximate result of an act or omission of a political subdivision or the state or an employee acting within the scope of employment.

A state agency may lawfully assign duties to its employees including the use of any agency vehicle. In assigning duties, a state agency may define an employee’s official duty to include travel to or from the employee’s place of residence under certain situations which are of benefit to the agency. July 10, 2007 (AG Op. No. 07-18)

Officers and employees of government agencies, including the state, are protected from tort liability while performing discretionary functions, however, that protection does not render them immune from liability for acts of willful and wanton negligence. Mullins v. Okla. Public Employees Ret. Sys., 2005 OK CIV APP 67, 122 P.3d 872

Whether an employee is acting within the scope of his employment depends on whether his conduct is in good faith and within the duties of his employment. Winters v. Overton, 1999 OK CIV APP 43, 980 P.2d 1128

Parents of student who died while at school failed to have themselves appointed as personal representative of child until after the one year statute of limitations had passed. However, parents were performing functions of personal representative prior to court appointment and that was held sufficient to meet the definition of “claimant”. Calvert v. Tulsa Public Schools, 932 P.2d 1087 (Okla. 1996)

Claimant is person seeking relief for loss. ISD No. 29 v. Crawford, 688 P.2d 1291 (Okla. 1984)

School Laws of Oklahoma | Chapter 2 - Administration | Article IV: The Governmental Tort Claims Act | Return to Top of Page

Section 560. Sovereign Immunity. (51 O.S. § 152.1)

A. The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. The state, its political subdivisions, and all of their employees acting within the scope of their employment, whether performing governmental or proprietary functions, shall be immune from liability for torts.

B. The state, only to the extent and in the manner provided in this act, waives its immunity and that of its political subdivisions. In so waiving immunity, it is not the intent of the state to waive any rights under the Eleventh Amendment to the United State Constitution.

School district employee who backed school bus into motorist’s car was acting within the scope of his employment at time tort was committed and is immune from liability. Williams v. ISD No. 7, 881 P.2d 760 (Okla. App. 1994)

Absent allegations or evidence showing that official of Corporation Commission was acting outside scope of his employment in connection with termination of employee, Act immunized officials from tort liability. Rooks v. State, 842 P.2d 773 (Okla. App. 1992)

A municipality, or a Title 60 public trust with a municipality as its sole beneficiary, has no authority to pay private property owners the costs of additional damages to property as a result of a sanitary sewer backup outside of what is statutorily available under the Governmental Tort Claims Act. (AG Op. No. 09-4)

Immunity afforded to state employees under the Tort Claims Act has a limited application to tort actions filed in state court, under state law, and does not impact employee’s potential liability, if any, which might arise under federal law, including the Civil Rights Act, at 42 U.S.C., §1983. January 10, 1990 (AG Op. No. 89-75)

Section 561. Liability for Torts. (51 O.S. § 153)

A. The state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in this act and only where the state or political subdivision, if a private person or entity, would be liable for money damages under the laws of this state. The state or a political subdivision shall not be liable under the provisions of this act for any act or omission of an employee acting outside the scope of his employment.

B. The liability of the state or political subdivision under this act shall be exclusive and in place of all other liability of the state, a political subdivision or employee at common law or otherwise.

Liability of the state or political subdivision is exclusive, and in place of all other liability of the state, political subdivision or employee at common law or otherwise. Employees under the GTCA are within the protection of respondeat superior liability for those duties within the scope of employment, and individual employees are immunized from tort liability when acting within the scope of employment. Speight v. Presley, 2008 OK 99, 203 P.3d 173.

Employer’s ratification of employee’s decision established prima facie that employee acted within the scope of his employment and that he is entitled to immunity from personal liability as provided in the GTCA. Shephard v. Compsource Oklahoma, 2009 OK 25, 209 P.3d 288.

City could not be held liable on plaintiff’s claim of intentional tort of outrage or malicious prosecution because, if city officials acted intentionally or willfully, then they did not act in good faith and were not within the scope of their employment. McMullen v. City of Del City, 920 P.2d 528 (Okla. App. 1996)

One acts within the scope of employment if engaged in work assigned, or if doing that which is proper, necessary, and usual to accomplish the work assigned, or if doing that which is customary within the particular trade or business. Whether an employee has acted within the scope of employment is a question of fact for the jury except when only one reasonable conclusion can be drawn from the facts. Nail v. City of Henryetta, 911 P.2d 914 (Okla. 1996)

School district not liable because of alleged lack of adequate supervision in school gymnasium for injuries sustained by middle school student when fellow student pushed him from bleachers; undisputed fact showed that incident was sudden and unprovoked, and it was mere speculation that incident would not have occurred with better supervision. Butler v. Oklahoma City Public Schools, 871 P.2d 444 (Okla. App. 1994)

Whether school was on notice of dangerous condition of roof due to fact that superintendent knew that child had fallen from roof several months before and that electrical service violated safety codes was a question for the jury in personal injury action arising out of child’s fall from roof due allegedly to touching of exposed electrical wire. Juvenal v. Okeene Public Schools, 878 P.2d 1026 (Okla. 1994)

Governmental Tort Claims Act does not prohibit the recovery of attorney fees and costs by prevailing party in action for negligent and willful damage to real property allowed recovery of attorney fees pursuant to 12 O.S. § 940 in action brought under Governmental Tort Claims act. Rout v. Crescent Public Works Authority, 878 P.2d 1045 (Okla. 1994)

School district had duty to use ordinary care to protect child, as a licensee, from defects or hidden dangers which were known, or should have been known, to school. Brewer v. ISD No. 1, 848 P.2d 566 (Okla. 1993)

Risk of falling from slide was not hidden danger about which school district had duty to warn children, as licensees, because slide was regularly encountered and appreciated. Brewer v. ISD No. 1, 848 P.2d 566 (Okla. 1993)

Due process clause is not violated when children are compelled to attend school, but school district’s liability for children’s accidents is limited under Political Subdivision Tort Claims Act. Wilson v. Gipson, 753 P.2d 1349 (Okla. 1988)

Officer or employee’s willful or wanton negligence or conduct exceeds scope of employment; as such, officer or employee is not immune from tort liability. Holman v. Wheeler, 677 P.2d 645 (Okla. 1983)

School superintendent who allegedly spanked and beat a ten- year-old with unnecessary and excessive force place superintendent outside scope of employment and outside the protection of the Political Subdivision Tort Claims Act. Holman v. Wheeler, 677 P.2d 645 (Okla. 1983)

Pedestrian, who was struck by car in front of football stadium, failed to state cause of action in allegation that city and school were negligent in not providing patrol and guard service. Political Subdivision Tort Claims Act specifically exempts political subdivision from liability in failure to exercise discretionary functions; political subdivision was not liable for loss resulting from failure to provide police protection. Ochoa v. Taylor, 635 P.2d 604 (Okla. 1981)

School Laws of Oklahoma | Chapter 2 - Administration | Article IV: The Governmental Tort Claims Act | Return to Top of Page

Section 562. Limitations on Liability. (51 O.S. § 154)

A. The total liability of the state and its political subdivisions on claims within the scope of this act, Section 151 et seq. of this title, arising out of an accident or occurrence happening after the effective date of this act, Section 151 et seq. of this title, shall not exceed:

1. Twenty-five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident, or occurrence;

2. Except as otherwise provided in this paragraph, One Hundred Twenty-five Thousand Dollars ($125,000.00) to any claimant for his claim for any other loss arising out of a single act, accident, or occurrence. The limit of liability for the state or any city or county with a population of three hundred thousand (300,000) or more according to the latest federal Decennial Census shall not exceed One Hundred Seventy-five Thousand Dollars ($175.000.00). Except however, the limits of said liability for the University Hospitals and State Mental Health Hospitals operated by the Department of Mental Health and Substance Abuse Services for claims arising from medical negligence shall be Two Hundred Thousand Dollars ($200,000.00). For claims arising from medical negligence by any licensed physician, osteopathic physician or certified nurse-midwife rendering prenatal, delivery or infant care services from September 1, 1991, through June 30, 1996, pursuant to a contract authorized by subsection (b) of Section 1-106 of Title 63 of the Oklahoma Statutes and in conformity with the requirements of Section 3 of this act, the limits of said liability shall be Two Hundred Thousand Dollars ($200,000.00); or

3. One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident.

B. No award for damages in an action or any claim against the state or a political subdivision shall include punitive or exemplary damages.

C. When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant his proper share of the total amount as limited herein. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to him bears to the aggregate awards and settlements for all claims against the state or its political subdivisions arising out of the occurrence. When the amount of the aggregate losses presented by a single claimant exceeds the limits of paragraphs 1 or 2 of subsection A of this section, each person suffering a loss shall be entitled to his proportionate share.

D. The total liability of resident physicians and interns while participating in a graduate medical education program of the University of Oklahoma College of Medicine, its affiliated institutions and the Oklahoma College of Osteopathic Medicine and Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).

E. The state or a political subdivision may petition the court that all parties and actions arising out of a single accident or occurrence shall be joined as provided by law, and upon order of the court the proceedings upon good cause shown shall be continued for a reasonable time or until such joinder has been completed. The state or political subdivision shall be allowed to interplead in any action which may impose on it any duty or liability pursuant to this act.

F. The liability of the state or political subdivision under this act shall be several from that of any other person or entity, and the state or political subdivision shall only be liable for that percentage of total damages that corresponds to its percentage of total negligence. Nothing in this section shall be construed as increasing the liability limits imposed on the state or political subdivision under this act.

State is immune from private enforcement of Fair Labor Standards Act because it has not consented to such a cause of action as is required by state law. Freeman v. State ex rel. Dep’t. of Human Services, 2006 OK 71, 145 P.3d 1078

51 O.S. § 154 sets statutory limits as to amount of judgment under Governmental Tort Claims Act; thus post-judgment interest is not allowable if it would exceed statutory limit. Pine v. State, 913 P.2d 1375 (Okla. App. 1996)

School district’s purchase of liability insurance did not act as a waiver to district’s exemption from liability under Governmental Tort Claims Act, though district did waive immunity as to extent of coverage under policy. Policy clearly limited which risks were insured and limited coverage to liability imposed by law. Brewer v. ISD No.1, 848 P.2d 566 (Okla. 1993)

A political subdivision is still liable on an insured risk to extent of coverage under liability insurance, even though subdivision otherwise would be exempt under the Political Subdivision Tort Claims Act. Herwig v. Board of Education of Lawton Public Schools, 673 P.2d 154 (Okla. 1983)

Section 563. Exemptions from Liability. (51 O.S. § 155)

The state or a political subdivision shall not be liable if a loss or claim results from:

1. Legislative functions;

2. Judicial, quasi-judicial, or prosecutorial functions, other than claims for wrongful criminal felony conviction resulting in imprisonment provided for in Section 154 of this title;

3. Execution or enforcement of the lawful orders of any court;

4. Adoption or enforcement of or failure to adopt or enforce a law, whether valid or invalid, including, but not limited to, any statute, charter provision, ordinance, resolution, rule, regulation or written policy;

5. Performance of or the failure to exercise or perform any act or service which is in the discretion of the state or political subdivision or its employees;

6. Civil disobedience, riot, insurrection or rebellion or the failure to provide, or the method of providing, police, law enforcement or fire protection;

7. Any claim based on the theory of attractive nuisance;

8. Snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions, unless the condition is affirmatively caused by the negligent act of the state or a political subdivision;

9. Entry upon any property where that entry is expressly or implied authorized by law;

10. Natural conditions of property of the state or political subdivision;

11. Assessment or collection of taxes or special assessments, license or registration fees, or other fees or charges imposed by law;

12. Licensing powers or functions including, but not limited to, the issuance, denial, suspension or revocation of or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authority;

13. Inspection powers or functions, including failure to make an inspection, review or approval, or making an inadequate or negligent inspection, review or approval of any property, real or personal, to determine whether the property complies with or violates any law or contains a hazard to health or safety, or fails to conform to a recognized standard;

14. Any loss to any person covered by any workers’ compensation act or any employer’s liability act;

15. Absence, condition, location or malfunction of any traffic or road sign, signal or warning device unless the absence, condition, location or malfunction is not corrected by the state or political subdivision responsible within a reasonable time after actual or constructive notice or the removal or destruction of such signs, signals or warning devices by third parties, action of weather elements or as a result of traffic collision except on failure of the state or political subdivision to correct the same within a reasonable time after actual or constructive notice. Nothing herein shall give rise to liability arising from the failure of the state or any political subdivision to initially place any of the above signs, signals or warning devices. The signs, signals and warning devices referred to herein are those used in connection with hazards normally connected with the use of roadways or public ways and do not apply to the duty to warn of special defects such as excavations or roadway obstructions;

16. Any claim which is limited or barred by any other law;

17. Misrepresentation, if unintentional;

18. An act or omission of an independent contractor or consultant or his employees, agents, subcontractors or suppliers or of a person other than an employee of the state or political subdivision at the time the act or omission occurred;

19. Theft by a third person of money in the custody of an employee unless the loss was sustained because of the negligence or wrongful act or omission of the employee;

20. Participation in or practice for any interscholastic or other athletic contest sponsored or conducted by or on the property of the state or a political subdivision;

21. Participation in any activity approved by a local board of education and held within a building or on the grounds of the school district served by that local board of education before or after normal school hours or on weekends;

22. Any court-ordered or Department of Corrections approved work release program; provided, however, this provision shall not apply to claims from individuals not in the custody of the Department of Corrections based on accidents involving motor vehicles owned or operated by the Department of Corrections;

23. The activities of the National Guard, the militia or other military organization administered by the Military Department of the state when on duty pursuant to the lawful orders of competent authority:

a. in an effort to quell a riot,

b. in response to a natural disaster or military attack, or

c. if participating in a military mentor program ordered by the court;

24. Provision, equipping, operation or maintenance of any prison, jail or correctional facility, or injuries resulting from the parole or escape of a prisoner or injuries by a prisoner to any other prisoner; provided, however, this provision shall not apply to claims from individuals not in the custody of the Department of Corrections based on accidents involving motor vehicles owned or operated by the Department of Corrections;

25. Provision, equipping, operation or maintenance of any juvenile detention facility, or injuries resulting from the escape of a juvenile detainee, or injuries by a juvenile detainee to any other juvenile detainee;

26. Any claim or action based on the theory of manufacturer’s products liability or breach of warranty, either expressed or implied;

27. Any claim or action based on the theory of indemnification or subrogation;

28. Any claim based upon an act or omission of an employee in the placement of children;

29. Acts or omissions done in conformance with then current recognized standards;

30. Maintenance of the state highway system or any portion thereof unless the claimant presents evidence which establishes either that the state failed to warn of the unsafe condition or that the loss would not have occurred but for a negligent affirmative act of the state;

31. Any confirmation of the existence or nonexistence of any effective financing statement on file in the office of the Secretary of State made in good faith by an employee of the office of the Secretary of State as required by the provisions of Section 1-9-320.6 of Title 12A of the Oklahoma Statutes;

32. Any court-ordered community sentence;

33. Remedial action and any subsequent related maintenance of property pursuant to and in compliance with an authorized environmental remediation program, order, or requirement of a federal or state environmental agency;

34. The use of necessary and reasonable force by a school district employee to control and discipline a student during the time the student is in attendance or in transit to and from the school, or any other function authorized by the school district; or

35. Actions taken in good faith by a school district employee for the out-of-school suspension of a student pursuant to applicable Oklahoma Statutes. (51-155)

Athletic exemption does not apply when student is not participating in, or practicing for, a competitive athletic event. Hutts v. Western Heights Indep. Sch. Dist. No. I-41, 2011 OK CIV APP 52.

Provision of GTCA that a political subdivision shall not be liable for a loss or claim that results from the method of providing, police, law enforcement or fire protection, did not provide immunity for city upon claim arising out of city police officer's alleged use of excessive force in executing arrest of student following fight on middle school premises, as officer was engaging in law enforcement activity, rather than protective services for student; officer grabbed student because she would not stop fighting, student did not summon officer to protect her, and there was no indication that student was seeking protection from officer. Morales v. City of Oklahoma City, 2010 OK 9.

A school district’s decisions regarding the hiring, retention, and supervision of its superintendent are generally the kind of decisions that implicate policy concerns related to its educational mission. Absent any factual allegations that would take the school district’s employment decisions regarding the superintendent outside of this rule, a claim against the school district for negligence in his hiring, supervision and retention is barred by the discretionary function exemption of 51 O.S. § 155(5). Benedix v. Ind. School Dist. No. I-007 of Oklahoma County, Oklahoma, 2009 WL 975145 (W.D.Okla.).

Maintenance of sewer lines was proprietary function of City, therefore it was not relieved from liability for failure to maintain sewer lines. Spencer v. City of Bristow, 2007 OK CIV APP 62, 165 P.3d 361

City was immune from liability for payment of attorneys’ fees and costs in an annexation action that was successfully challenged by residents because annexation and de-annexation of territory by a municipality are legislative functions bestowed upon municipalities by the legislature. In re: De-annexation of Certain Real Property from the City of Seminole, 2007 OK 95, 177 P.3d 551

Political subdivision is immune from liability based on implied or noncontractual indemnity. The political subdivision is not immune from contractually incurred indemnity obligations. The Estate of King v. Wagoner County Board of Commissioners, 2006 OK CIV APP 118, 146 P.3d 833

Court held that discretionary function exemption applies to policy decisions, Kruzhkov v. State of Oklahoma, 2006 OK CIV APP 114, 114 P.3d 186

School district immunity for losses resulting from participation in or practice for any interscholastic or other athletic contest sponsored by or conducted on property of state or political subdivision did not bar student's suit against school district where student was not participating in or practicing for athletic contest at time he sustained injury, and instrumentality which caused his injury was not part of athletic contest and did not constitute a risk incidental to the contest. Green v. Konawa Independent School Dist., 2005 OK CIV APP 10, 105 P.3d 840

The exemption provided in Paragraph 14 is constitutional and is valid and enforceable. Such classification does not violate equal protection or due process. Gladstone v. Bartlesville ISD No. 30, 2003 OK 30, 66 P.3d 442.

Exemption for inspection powers or functions does not include maintenance of the property. A governmental landowner may be liable for negligent maintenance of property, irrespective of its inspection powers of functions. Moran v. City of Del City, 2003 OK 57, 77 P/3d 588.

Claim of negligent inspection is exempt from liability under §155(3). Reynolds v. Union Public Schools, 976 P.2d 557, 1998 OK CIV APP 101.

Decision about amount of security to have was discretionary act and thus exempted school district from liability. Randell v. Tulsa Independent School Dist. No. 1, 889 P.2d 1264, 1994 OK CIV APP 156.

School district was exempt from liability because it was exercising proper discretionary function in determining supervision during lunch period. Franks v Union City Public Schools, 1997 OK 105, 943 P.2d 611 (Okla. 1997)

School district was exempt from liability for injury to student which occurred while the student was participating in a wrestling match on school property during a physical education class. Evans v. Oaks Mission Public School, 1997 OK 97, 945 P.2d 492.

“Other” athletic contest referred to in §155(20) is an athletic contest different or distinct from an interscholastic contest between or among schools. Curtis v. Board of Education of Sayre Public Schools, 914 P.2d 656 (Okla. 1995)

Exemption for participation in athletics encompasses participation in or practice for any athletic or sports competition, whether interscholastic or not, sponsored by or on the property of the school and includes physical education softball class. Curtis v. Board of Education of Sayre Public Schools, 914 P.2d 656 (Okla. 1995)

Governmental Tort Claims Act exempts school district from liability for injury to child who fell from slide on theories of failure to inspect and attractive nuisance. Risk of falling from slide is regularly encountered and appreciated by children and is not a hidden danger about which the school district had a duty to warn. Brewer v. ISD No.1, 848 P.2d 566 (Okla. 1993)

Governmental Tort Claims Act affords no immunity or exemption from liability for retaliatory discharge under the Workers Compensation Act. Gunn v. Consolidated Rural Water & Sewer District No. 1, 839 P.2d 1345 (Okla. 1992)

Paragraph 20 provides immunity to school districts for claims resulting from participation in or practice for interscholastic or other athletic contests sponsored or conducted by or on the property of a school district despite student’s claim that the injury resulted from school district’s negligent hiring/retaining of coaches. Hull v. Wellston ISD, 2002 OK CIV APP 46, 46 P.3d 180

Vo-tech district sued by purchasers of new home for breach of implied warranty is not exempted from liability by Governmental Tort Claims Act. Lucas v, Canadian Valley Area Vo-Tech, 824 P.2d 1140 (Okla. App. 1992)

Governmental subdivision’s liability for retaliatory discharge of employee for pursuing workers’ compensation claim not exempted by Governmental Tort Claims Act. Presson v. Kay County Board of Commissioners, 806 P.2d 88 (Okla. App. 1991)

Exemptions from liability under the Political Subdivision Tort Claims Act are not exemptions to other provisions of the Act; persons with claims falling under those exemptions cannot pursue them without compliance with the Act. Sanchez v. City of Sand Springs, 789 P.2d 240 (Okla. 1990)

School districts’ duties and powers are established by statute and do not include installation and maintenance of traffic control devices or measures, lighting, or police protection on public streets. Ochoa v. Taylor, 635 P.2d 604 (Okla. 1981)

Action for wrongful termination in retaliation for filing a workers’ compensation claim is a tort governed by the Governmental Tort Claims Act. Mann v. City of Norman, 782 P.2d 152 (Okla. App. 1989)

Employer’s liability act in exemption does not include whistleblower, personnel, or discrimination acts. October 5, 2000 (AG Op. No. 00-51)

School District is not immune from liability for injury sustained on high school parking lot. 56 O.B.J. 1143.

School Laws of Oklahoma | Chapter 2 - Administration | Article IV: The Governmental Tort Claims Act | Return to Top of Page

Section 564. Exemptions - Department of Transportation. (51 O.S. § 155.1)

Nothing contained in this act shall be construed as allowing an action or recovery against the state or any of their officers or employees on a claim or cause of action founded upon any loss occurring from a defect or dangerous condition on any road, street or highway which was in existence, whether known or unknown:

1. On October 1, 1985; or

2. When an existing facility became or becomes a part of the state highway system; or

3. When an existing facility became or becomes the maintenance responsibility of the state, to the extent of that responsibility; provided that this section shall be effective until 12:01 a.m., October 1, 1995.

To the extent that the state is required by law to maintain a road, street, or highway within the territorial limits of a political subdivision, the political subdivision shall not be liable for any loss occurring from a defect or dangerous condition in the area required to be maintained by the state.

Section 564.1. Liability Related to Computer Systems. (51 O.S. § 155.2)

A. Except as provided in subsection C, D or E of this section, the state or any political subdivision of the state or an independent contractor of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2002, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times.

B. Except as provided in subsection C, D or E of this section, no claim or cause of action, including, without limitation, any civil action or action for declaratory of injunctive relief, whether arising out of contract or arising independent of contract, may be brought against the state or any political subdivision of the state or against an independent contractor or an officer or employee of the state or a political subdivision on the basis that a computer or other information system that is owned or operated by any of those persons produced, calculated or generated an incorrect date or failed to accurately store, process, provide or receive data. Any contract entered into by or on behalf of and in the capacity of this state, an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions must include a provision that provides immunity to those persons for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or computer system or caused a computer or computer system to fail to accurately store, process, provide or receive data that is owned or operated by any of those persons. Any contract subject to the provisions of this section that is entered into on or after July 1, 1999, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void. Notwithstanding any other provision herein, the provisions of this subsection shall not provide immunity from fulfilling a contract or relieve the state or any political subdivision of the state of its obligation to fulfill the terms of a contract or to provide services or make payments under the terms of the contract in a reasonable length of time.

C. A claim may be brought pursuant to the Governmental Tort Claims Act for negligence caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure resulted in bodily injury or death.

D. Neither the state or any political subdivision of the state shall be immune from a claim or cause of action if remediation efforts were not begun by January 1, 1999.

E. Nothing in this section shall limit the liability of any individual or entity to the state or any political subdivision of the state, and contracts between the state or any political subdivision of the state and an independent contractor will not include a provision, express or implied, that grants the independent contractor immunity from liability to the state or any political subdivision of the state for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or computer system that is owned or operated by the independent contractor.

F. As used in this section:

1. “Independent contractor” means a defendant, as defined in Section 2 of this act, providing, pursuant to contract, a computer program or software, a computer system, or providing computer technical assistance to the state or a political subdivision of the state;

2. “Remediation efforts” means:

a. in the case of software, writing computer code to correct dates in data sensitive programs,

b. in the case of embedded chips or systems, testing the embedded systems or chips to determine if they are year 2000 compliant or assisting vendors in testing for such compliance, and

c. making necessary corrections to make the system compliant; and

3. “Computer system” means any electronic device or collection of devices, including support devices, networks and embedded chips, and excluding calculators that are not programmable, that contain computer programs or electronic instructions and that perform functions including logic, arithmetic, data processing, data storage and retrieval, communication or control.

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Section 565. Notice of Claims. (51 O.S. § 156)

A. Any person having a claim against the state or a political subdivision within the scope of Section 151 et seq. of this title shall present a claim to the state or political subdivision for any appropriate relief including the award of money damages.

B. Except as provided in subsection H of this section, and not withstanding any other provision of law, claims against the state or a political subdivision are to be presented within one (1) year of the date the loss occurs. A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs.

C. A claim against the state shall be in writing and filed with the Office of the Risk Management Administrator of the Department of Central Services who shall immediately notify the Attorney General and the agency concerned and conduct a diligent investigation of the validity of the claim within the time specified for approval or denial of claims by Section 157 of this title. A claim may be filed by certified mail with return receipt requested. A claim which is mailed shall be considered filed upon receipt by the Office of the Risk Management Administrator.

D. A claim against a political subdivision shall be in writing and filed with the office of the clerk of the governing body.

E. The written notice of claim to the state or a political subdivision shall state the date, time, place and circumstances of the claim, the identity of the state agency or agencies involved, the amount of compensation or other relief demanded, the name, address and telephone number of the claimant, the name, address and telephone number of any agent authorized to settle the claim, and any and all other information required to meet the reporting requirements of the Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) through the Centers for Medicare & Medicaid Services (CMS). Failure to state either the date, time, place and circumstances and amount of compensation demanded, or any information requested to comply with the reporting claims to CMS under MMSEA shall not invalidate the notice unless the claimant declines or refuses to furnish such information after demand by the state or political subdivision. The time for giving written notice of claim pursuant to the provisions of this section does not include the time during which the person injured is unable due to incapacitation from the injury to give such notice, not exceeding ninety (90) days of incapacity.

F. When the claim is one for death by wrongful act or omission, notice may be presented by the personal representative within one (1) year after the death occurs. If the person for whose death the claim is made has presented notice that would have been sufficient had he lived, an action for wrongful death may be brought without any additional notice.

G. Claims and suits against resident physicians or interns shall be made in accordance with the provisions of Titles 12 and 76 of the Oklahoma Statutes.

H. For purposes of claims based on wrongful felony conviction resulting in imprisonment provided for in Section 154 of this title, loss occurs on the date that the claimant receives a pardon based on actual innocence from the Governor or the date that the claimant receives judicial relief absolving the claimant of guilt based on actual innocence; provided, for persons whose basis for a claim occurred prior to the effective date of this act, the claim must be submitted within one (1) year after the effective date of this act.

“Discovery rule”, which allows limitations periods in tort cases to be tolled until the injured party knows, or in the exercise of reasonable diligence, should have known of the injury, applies to Oklahoma Governmental Tort Claims Act. Lester v. Smith, 2008 OK CIV APP 97, 198 P.3d 402.

If plaintiff files notice of claim which substantially complies with statutory requirements, plaintiff may not submit second notice of claim and thus extend time to file suit after claim is denied. Strong v. Oklahoma City Public Schools, 941 P.2d 538 (Okla. Civ. App. 1997)

Only a written notice of claim is sufficient to invoke the protections of the Governmental Tort Claims Act. A verbal communication does not substantially comply. Minie v. Hudson, 934 P.2d 1082 (Okla. 1997)

Claimant making claim against political subdivision pursuant to Oklahoma employment discrimination statutes, 25 O.S. 1101 et seq., is not required to comply with time limitations and notice provisions of Governmental Tort Claims Act. Duncan v. City of Nichols Hills, 913 P.2d 1303 (Okla. 1996)

Limitations period for a tort claim pursuant to Governmental Tort Claims Act is governed by § 156 B which requires notice of claim to be filed within one year of loss. McGehee v. State Insurance Fund, 904 P.2d 70 (Okla. 1995)

If claimant substantially complies with notice requirements of Governmental Tort Claims Act, claim will not be dismissed for invalid notice. Notice of claim must be presented within one year after loss in order for claim to be timely. Mansell v. City of Lawton, 901 P.2d 826 (Okla. 1995)

Claim against school district which was barred by statute of limitations due to student’s failure to commence action within 180 days after denial of claim by school could not be revived by sending second notice to school within one-year period for filing of claim. Grider v. ISD No. 89, 872 P.2d 951 (Okla. App. 1994)

Governmental subdivision’s request for additional information with respect to claim did not extend 90 day period within which to bring an action against it. Sanchez v. City of Sand Springs, 789 P.2d 240 (Okla. 1990)

The purchase of insurance by a governmental subdivision does not dispense with the necessity to comply with procedures set forth in the Governmental Tort Claims Act for bringing claims against that governmental subdivision. Gurley v. Memorial Hospital of Guymon, 770 P.2d 573 (Okla. 1989)

The purposes of the notice provisions of the Political Subdivision Tort Claims Act are to foster political subdivision’s interest by promoting prompt investigation, to provide opportunity to repair a dangerous condition, to encourage swift and amicable settlement of meritorious claims, and to prepare to meet financial liabilities. Graves v. Rose, 663 P.2d 733 (Okla. 1983)

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Section 566. Approval or Denial of Claims. (51 O.S. § 157)

A. A person may not initiate a suit against the state or a political subdivision unless the claim has been denied in whole or in part.

A claim is deemed denied if the state or political subdivision fails to approve the claim in its entirety within ninety (90) days, unless the state or political subdivision has denied the claim or reached a settlement with the claimant before the expiration of that period. If the state or a political subdivision approves or denies the claim in ninety (90) days or less, the state or political subdivision shall give notice within five (5) days of such action to the claimant at the address listed in the claim. If the state or political subdivision fails to give the notice required by this subsection, the period for commencement of an action in subsection B of this section shall not begin until the expiration of the ninety-day period for approval. The claimant and the state or political subdivision may continue attempts to settle a claim, however, settlement negotiations do not extend the date of denial unless agreed to in writing by the claimant and the state or political subdivision.

B. No action for any cause arising under this act, Section 151 et seq. of this title, shall be maintained unless valid notice has been given and the action is commenced within one hundred eighty (180) days after denial of the claim as set forth in this section. The claimant and the state or political subdivision may agree in writing to extend the time to commence an action for the purpose of continuing to attempt settlement of the claim except no such extension shall be for longer than two (2) years from the date of the loss.

The time limits to file notice of a tort claim provided in the Governmental Tort Claims Act must be followed unless they are tolled by a written agreement of the parties or the conduct of the governmental entity or its agent. Crockett v. Cent. Okla. Transp. & Parking Auth., 2010 OK CIV APP 30.

Because under the Governmental Tort Claims Act the right to sue does not attach until the claim has been denied, causes of action brought under the act do not accrue until that point. Brown v. Creek County, 2007 OK 56, 164 P.3d 1073

Time period in which school district was required to approve or deny claim was extended when school’s insurance adjuster requested additional information from the plaintiff. Davis v. Ind. School Dist. No. 89, 2006 OK CIV APP 72, 136 P.3d 1059

Where insurance adjuster mailed a letter to the plaintiff requesting information and stating a certain date upon which a claim will be denied, then that date and not the statutory date of deemed denial governs when Plaintiff’s time to file suit begins to run. Corn v. Comanche County Memorial Hospital, 2006 OK CIV APP 126, 147 P.3d 285

When school district’s insurance agent wrote a letter requesting more information from a claimant, but stated that the investigation was not intended to waive time limitation imposed by the Oklahoma Governmental Tort Claims Act, the 90-day period after which the claim was deemed denied was not tolled. Floyd v. Quinton Public Schools, 438 F.Supp.2d 1318, (E.D. Okla. 2006)

If letter from governmental entity states effective date of denial which is beyond 90 day period for claim to be deemed denied, effective date in letter is considered as date of denial for purposes of calculating timeliness of filing of action. Carswell v. Oklahoma State University, 1999 OK 102, 995 P.2d 1118.

Statute authorizes an enlargement of the 90 day period for denial of a claim where the parties agree to such an extension in writing. Written correspondence between the parties may constitute such an extension agreement. Vaughan v. City of Broken Arrow, 1999 OK 47.

Statutory policy of exclusive liability requires compliance with the notice and statutory time constraints even when plaintiff seeks to pierce the shield of immunity by allegations of wilful and wanton conduct. Failure of compliance extinguishes the right to sue both the governmental entity and its employees. Leding v. Pittsburgh County Dist. Court, 928 P.2d 957 (Okla. App. 1996)

12 O.S. § 96 is not applicable to claims under the Governmental Tort Claims Act where the claim is not timely filed under the Act so as to invoke the court’s jurisdiction. Tyler v. Board of County Commissioners, 915 P.2d 951 (Okla. App. 1996)

Pursuant to 12 O.S. § 100, claimant may refile governmental tort claims action within one year from the date the original timely-filed governmental tort claims action failed or was dismissed other than on its merits. State of Oklahoma v. Dixon, 912 P.2d 842 (Okla. 1996)

When a public entity requests more information after receiving an initial notice of claim and the claimant responds within a reasonable or a stated time, the claim must be given fresh consideration such that the 90-day bar must be treated as erased or arrested and will not begin to run until the claimant responds to the request for additional information. Bivins v. State of Oklahoma ex rel. Oklahoma Memorial Hospital, 917 P.2d 456 (Okla. 1996)

Where valid notice of a claim has been given and a governmental tort claim has been timely filed, the court’s power is invoked. Thus, the savings statute, 12 O.S. § 100, is applicable, and a governmental tort claims action which is dismissed other than on the merits may be refiled according to 12 O.S. § 100. Cruse v. Board of County Commissioners of Atoka County, 910 P.2d 998 (Okla. 1995)

Statute allowing commencement of new action within one year of failure of first action other than on merits could not be applied to extend 180-day period after denial of notice of claim for filing suit against municipality after voluntary dismissal of prior timely action against municipality. Robbins v. City of Del City, 875 P.2d 1170 (Okla. App. 1994)

Statute allowing refiling of action dismissed otherwise than on merits within one year of dismissal does not operate to extend specific time limitations in Governmental Tort Claims Act, where special time limitations in Act limit right to bring action. Gibson v. City of Tulsa, 880 P.2d 429 (Okla. App. 1994)

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Section 567. Settlement or Defense against Claim. (51 O.S. § 158)

A. The state or a political subdivision, after conferring with authorized legal counsel, may settle or defend against a claim or suit brought against it or its employee under this act subject to any procedural requirements imposed by statute, ordinance, resolution or written policy, and may appropriate money for the payment of amounts agreed upon. When the amount of any settlement exceeds Twenty-five Thousand Dollars ($25,000.00), and any payment required by the settlement will not be paid through an applicable contract or policy of insurance, the settlement shall not be effective until approved by the district court and entered as a judgment as provided by law.

B. Any settlement payout pursuant to this section may be structured in any manner as agreed to by the parties involved.

C. If a policy or contract of liability insurance covering the state or political subdivision or its employees is applicable, the terms of the policy govern the rights and obligations of the state or political subdivision and the insurer with respect to the investigation, settlement, payment and defense of claims or suits against the state or political subdivision or its employees covered by the policy. However, the insurer may not enter into a settlement for an amount which exceeds the insurance coverage without the approval of the governing body of the state or political subdivision or its designated representative if the state or political subdivision is insured.

D. Nothing in this section shall be construed to repeal or modify Sections 361 through 365.6 and 435 of Title 62 of the Oklahoma Statutes and it is intended that this section be construed in conformance with those sections.

E. The state or a political subdivision shall not be liable for any costs, judgments or settlements paid through an applicable contract or policy of insurance but shall be entitled to set off those payments against liability arising from the same occurrence.

F. The state or a political subdivision shall have the right of subrogation against the insurer issuing any applicable contractor policy of insurance to the monetary limit of said policy of insurance or contract, if judgment or settlement of any claim arising pursuant to this act results in the imposition of monetary liability upon the state or the political subdivision.

G. Judgments, orders, and settlements of claims shall be open public records unless sealed by the court for good cause shown.

Section 568. Payment of Judgment. (51 O.S. § 159)

A. Judgments recovered against the state or political subdivisions under the provisions of this act shall be enforced in the same manner and to the same extent as judgments are now enforced against the state or political subdivisions under the law except as herein provided.

B. If the judgment is obtained against the state or a political subdivision that has procured a contract or policy of liability or indemnity insurance protection, the holder of the judgment may use the methods of collecting the judgment which are provided by the policy or contract or law to the extent of the limits of coverage provided.

C. For the payment of any judgment obtained under the provisions of this act against a political subdivision that is a self-insurer or not fully covered by liability insurance, the manner of paying a money judgment shall be as follows. Proof of indebtedness, as required in Sections 362 through 364 of Title 62 of the Oklahoma Statutes and evidence of any estimated tax levy or increases necessary to reimburse the sinking fund for the purposes of the judgment as provided in Section 431 of Title 62 of the Oklahoma Statutes, and other evidence or statements which the court may require, shall be made to the court before final judgment is rendered. As an alternative to paying the money judgment out of the sinking fund at the rate of one-third (a) each year, the court, based on consideration of evidence and proof, may provide for the judgment to be paid over a period of not less than one (1) nor more than ten (10) years. The interest rate on any judgment when payment is extended more than three (3) years shall be at the rate prescribed by law for the first three (3) years and at the rate of six percent (6%) for each remaining year.

D. Money judgments against the state not payable by insurance shall be paid in the following manner. An agency whose act or omission gave rise to the judgment may, at its discretion and upon approval of the Director of State Finance, pay a judgment or any portion thereof from any funds available to it. Provided, however, no agency shall be required to pay a judgment prior to the fiscal year next following the fiscal year in which the judgment is obtained. Any such judgment may be paid at a rate of one-third (a) per fiscal year from funds available for operation of the agency.

E. Nothing in this act shall be interpreted as allowing liens on public property.

Section 569. Recovery of Payments from Employees. (51 O.S. § 160)

The state or political subdivision shall have the right to recover from an employee for any claim or action under this act or any other claim or action any payments made by it for any judgment or settlement, or portion thereof, and costs or fees by or on behalf of an employee’s defense if it is shown that the conduct of the employee which gave rise to the claim or action was outside the scope of his employment, or if the employee fails to cooperate in good faith in the defense of the claim or action. A judgment or settlement in an action or claim under this act shall constitute a complete bar to any action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement. Nothing in this act shall be construed to authorize the state or political subdivision to pay for any punitive or exemplary damages rendered against an employee.

Officer or employee’s willful or wanton negligence or conduct exceeds scope of employment; as such, officer or employee is not immune from tort liability. Holman v. Wheeler, 677 P.2d 645 (Okla. 1993)

School superintendent who allegedly spanked and beat a ten-year-old with unnecessary and excessive force placed superintendent outside scope of employment and outside the protection of the Political Subdivision Tort Claims Act. Holman v. Wheeler, 677 P.2d 645 (Okla. 1993)

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Section 570. Payment of Judgment Against Employee and Legal Expenses. (51 O.S. § 162)

A. The state or any political subdivision, subject to procedural requirements imposed by this section, other applicable statute, ordinance, resolution or written policy, shall:

1. Provide a defense for any employee as defined in Section 152 of this title when liability is sought for any violation of property rights or any rights, privileges or immunities secured by the Constitution or laws of the United States when alleged to have been committed by the employee while acting within the scope of employment;

2. Pay or cause to be paid any judgment entered in the courts of the United States, the State of Oklahoma or any other state against any employee or political subdivision or settlement agreed to by the political subdivision entered against any employee, and any costs or fees, for a violation of property rights or any rights, privileges or immunities secured by the Constitution or laws of the United States which occurred while the employee was acting within the scope of employment. The maximum aggregate amount of indemnification paid directly from funds of the state or any political subdivision to or on behalf of any employee pursuant to this section shall not exceed the maximum figures authorized by the provisions of Section 154 of this title, regardless of the number of persons who suffer damage, injury or death as a result of the occurrence, unless, in the case of a political subdivision, the political subdivision establishes higher limits by ordinance, if a municipality, or, as to other political subdivisions, by resolution, published as required by law; and

3. For any cause of action filed against an employee on or after January 1, 1990, post or cause to be posted any supersedeas or other bond ordered by the court.

1. The state or a political subdivision shall not be required to indemnify any employee of the state or a political subdivision under the provisions of this section, unless the employee is judicially determined to be entitled to such indemnification and a final judgment therefor is entered. The exclusive means of recovering indemnification from the state shall be by filing an application for indemnification in the district court of the county where venue is proper as provided for in paragraph 2 of this subsection. The exclusive means of recovering indemnification from a political subdivision shall be by filing an application for indemnification in the trial court where the judgment was entered. If the federal trial court cannot hear the action, such application shall be filed in the district court of the county where the situs of the municipality is located. Actions to determine entitlement to indemnification shall be tried to the court, sitting without a jury.

2. Venue for actions to determine entitlement to indemnification from the state shall be in Oklahoma County, except that a constitutional state agency, board or commission may, upon a resolution being filed with the Secretary of State, designate another situs for venue in lieu of Oklahoma County.

3. All applications for indemnification from the state or a political subdivision shall be filed in the name of the real party or parties in interest, and in no event shall any application be presented nor recovery made under the right of subrogation. Indemnification from the state as provided for in this subsection shall extend only to acts or omissions occurring on or after January 1, 1984. The employee of the state or a political subdivision must file an application for indemnification within thirty (30) days of final judgment, or the right to seek indemnification shall be lost forever.

4. In order to recover indemnification from the state or a political subdivision pursuant to this subsection, the court shall determine by a preponderance of the evidence that:

a. the employee reasonably cooperated in good faith in the defense of the action upon which the judgment or settlement was awarded and for which indemnification is sought;

b. the actions or omissions upon which such a judgment or settlement has been rendered were not the result of fraudulent conduct or corruption by the employee;

c. the employee, in committing the acts or omissions upon which a judgment or settlement has been rendered was acting in good faith and within any applicable written administrative policies known to the employee at the time of the omissions or acts alleged;

d. the employee was acting within the scope of employment at the time that the acts or omissions upon which a judgment or settlement has been rendered were committed by the employee;

e. the acts or omissions of the employee upon which a judgment or settlement has been rendered were not motivated by invidious discriminatory animus directed toward race, sex, or national origin; and

f. when punitive or exemplary damages are included in the total award rendered against the employee of a political subdivision, the indemnification amount sought for fees and costs does not include amounts attributable to the employee’s defense against the punitive or exemplary damages in accordance with subsection D of this section.

a. Any indemnification judgment against the state under this section shall be an encumbrance against otherwise available unencumbered monies and unallocated unencumbered monies in the appropriations of the agency on whose behalf the employee to be indemnified was acting at the time of the act or omission upon which the judgment or settlement was awarded and for which indemnification was sought.

b. If sufficient unencumbered monies or unallocated unencumbered monies do not exist in the agency’s appropriations to pay the indemnification, the agency shall make application to the Risk Management Division of the Office of Public Affairs for full payment of the indemnification out of the Tort Claims Liability Revolving Fund established pursuant to Section 85.35 of Title 74 of the Oklahoma Statutes. Payment out of this fund shall be authorized if there are sufficient monies greater than the sum total of the then pending fund indemnification judgment requests, and the reserves for future tort claims as certified by the Director of Risk Management.

c. If sufficient monies do not exist in the Tort Claims Liability Revolving Fund, the agency shall request the Legislature to make an appropriation sufficient to pay the indemnification.

d. Any indemnification judgment against a political subdivision shall be paid as provided in Sections 361 through 365.6 of Title 62 of the Oklahoma Statutes and Section 159 of this title.

C. The state or political subdivision shall have the right to recover from an employee the amount expended by the state or political subdivision to provide a defense, or pay a settlement agreed to by the employee and the state or political subdivision, or pay the final judgment, if it is shown that the employee’s conduct which gave rise to the action was fraudulent or corrupt or if the employee fails to reasonably cooperate in good faith in defense of the action.

D. The state or a political subdivision shall not, under any circumstances, be responsible to pay or indemnify any employee for any punitive or exemplary damages rendered against the employee, nor to pay for any defense, judgment, settlement, costs, or fees which are paid or covered by any applicable policy or contract of insurance. Where any civil rights judgment upon which indemnification under subsection B of this section is applied for by an employee of the state includes an award for both actual and punitive or exemplary damages, the total amount of fees and costs for which indemnification may be allowed shall be limited to the percentage of fees and costs in the total award that the percentage of the award of actual damages bears to the total judgment awarded. It is the public policy of the State of Oklahoma that the state or a political subdivision may indemnify its employee for actual damages, fees, and costs as provided herein in any case in which the findings set out in paragraph B of this section have been determined.

E. Nothing in this section shall be construed to waive any immunities available to the state under the terms of the Eleventh Amendment to the Constitution of the United States. Any immunity or other bar to a civil lawsuit under state or federal law shall remain in effect. The fact that the state or a political subdivision may relieve an employee from all judgments, settlements, costs, or fees arising from the civil lawsuit shall not, under any circumstances, be communicated to any trier of fact in the case of any trial by jury.

State agencies and political subdivisions do not have the discretion to choose to indemnify a public officer or employee against punitive or exemplary damages awarded in a civil rights lawsuit. March 17, 1998 (AG Op. No. 98-4) (statute amended after opinion rendered.)

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Section 571. Venue - Process - Proceedings. (51 O.S. § 163)

A. Venue for actions against the state within the scope of this act shall be either the county in which the cause of action arose or Oklahoma County, except that a constitutional state agency, board or commission may, upon resolution filed with the Secretary of State, designate another situs for venue in lieu of Oklahoma County.

B. Actions against all political subdivisions within the scope of this act shall be brought in the county in which the situs of the political subdivision is located or in the county in which the cause of action arose.

C. Suits instituted pursuant to the provisions of this act shall name as defendant the state or the political subdivision against which liability is sought to be established. In no instance shall an employee of the state or political subdivision acting within the scope of his employment be named as defendant with the exception that suits based on the conduct of resident physicians and interns shall be made against the individual consistent with the provisions of Title 12 of the Oklahoma Statutes.

D. All actions against the state or political subdivision shall be filed in the name of the real party or parties in interest, and in no event shall any claim be presented nor recovery be made under the right of subrogation.

E. In all actions against the state, service shall be perfected by mailing, by certified mail, return receipt requested, a summons and a copy of the petition to the Attorney General. Claimant shall also mail, by certified mail, return receipt requested, a copy of the summons and a copy of the petition to the administrative head of the state agency or agencies involved and a copy of the summons and a copy of the petition to the Risk Management Administrator of the Purchasing Division of the Office of Public Affairs.

F. In suits against political subdivisions the petition and summons shall be served in the manner prescribed by law for civil cases generally. If no method is prescribed by law, then service may be had on the administrative head of the political subdivision being sued, if available, and if not, the court in which the suit is pending may authorize service in such manner as may be calculated to afford the political subdivision a fair opportunity to answer and defend the suit.

G. No attempt shall be made in the trial of any action brought against the state or any political subdivision or employee within the scope of this act to suggest the existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff.

Filing a tort claim against a government employee in his or her official capacity is improper because it is an attempt to impose liability on the governmental employer under the Governmental Tort Claims Act, which is dependent on the employee acting within the scope of his or her employment. Simington v. Parker, 2011 OK CIV APP 28.

Motion to vacate a Texas default judgment against an Oklahoma state university was properly transferred to the county that the Oklahoma Board of Regents had selected as its situs for venue. Garrett v. Panhandle State University, 2007 OK CIV APP 7

Section 572. Laws and Rules of Civil Procedure Applicable. (51 O.S. § 164)

The laws and statues of the State of Oklahoma and the Rules of Civil Procedure, as promulgated and adopted by the Supreme Court of Oklahoma insofar as applicable and to the extent that such rules are not inconsistent with the provisions of this act, shall apply to and govern all actions brought under the provisions of this act.

The immunity afforded to state employees under the Tort Claims Act has a limited application to tort actions filed in state court, under state law, and does not impact an employee’s potential liability, if any, which might arise under federal law, including the Civil Rights Act, at 42 U.S.C. Section 1983. January 10, 1990 (AG Op. No. 89-75)

A political subdivision is still liable on an insured risk to extent of coverage under liability insurance, even though subdivision otherwise would be exempt under the Political Subdivision Tort Claims Act. Herweg v. Board of Education of Lawton Public Schools, 673 P.2d 154 (Okla. 1983)

Section 573. Act Not Applicable to Prior Torts. (51 O.S. § 165)

This act does not apply to any claim against any political subdivision or employee arising before the effective date of this act. Any such claim may be presented and enforced to the same extent and subject to the same procedures and restrictions as if this act had not been adopted.

Section 574. Act Applies to Both Governmental and Proprietary Functions. (51 O.S. § 166)

The distinction existing between governmental functions and proprietary functions of political subdivisions shall not be affected by the provisions of this act; however the provisions of this act shall apply to both governmental and proprietary functions.

Section 575. Repealed.

Section 576. Application of Law. (51 O.S. § 170)

This act is exclusive and supersedes all home rule charter provisions and special laws on the same subject heretofore, and all acts or parts of acts in conflict herewith are repealed.

Section 577. Existing Remedies - Causes of Action or Claims Not Affected. (51 O.S. § 171)

Nothing in this act shall abrogate or amend in anyway presently existing remedies, causes of actions or claims presently existing on behalf of individuals or citizens. This act does not apply to any claim against the state or political subdivision arising before the effective date of this act.

School Laws of Oklahoma | Chapter 2 - Administration | Article IV: The Governmental Tort Claims Act | Return to Top of Page

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School Laws of Oklahoma

Chapter 2 - AdministrationArticle IV: The Governmental Tort Claims Act

Section 558. The Governmental Tort Claims Act. (51 O.S. § 151)

Section 559. Definitions. (51 O.S. § 152)

Section 560. Sovereign Immunity. (51 O.S. § 152.1)

Section 561. Liability for Torts. (51 O.S. § 153)

Section 562. Limitations on Liability. (51 O.S. § 154)

Section 563. Exemptions from Liability. (51 O.S. § 155)

Section 564. Exemptions - Department of Transportation. (51 O.S. § 155.1)

Section 564.1. Liability Related to Computer Systems. (51 O.S. § 155.2)

Section 565. Notice of Claims. (51 O.S. § 156)

Section 566. Approval or Denial of Claims. (51 O.S. § 157)

Section 567. Settlement or Defense against Claim. (51 O.S. § 158)

Section 568. Payment of Judgment. (51 O.S. § 159)

Section 569. Recovery of Payments from Employees. (51 O.S. § 160)

Section 570. Payment of Judgment Against Employee and Legal Expenses. (51 O.S. § 162)

Section 571. Venue - Process - Proceedings. (51 O.S. § 163)

Section 572. Laws and Rules of Civil Procedure Applicable. (51 O.S. § 164)

Section 573. Act Not Applicable to Prior Torts. (51 O.S. § 165)

Section 574. Act Applies to Both Governmental and Proprietary Functions. (51 O.S. § 166)

Section 575. Repealed.

Section 576. Application of Law. (51 O.S. § 170)

Section 577. Existing Remedies - Causes of Action or Claims Not Affected. (51 O.S. § 171)

Chapter 2 - Administration
Article IV: The Governmental Tort Claims Act