Appeals court rules against former Boynton employees

Nov. 15—Oklahoma's Court of Civil Appeals has ruled in favor of a man who was brutally beaten when he tried to obtain public records from Boynton officials in 2016.

"We have found no reversible error," states the judges' ruling filed Monday. "Competent evidence supports the jury's verdicts. We therefore affirm the judgment and damages awarded."

Dennis Ray Allen was awarded default judgments worth $250,000 against both Willie Hopkins, the town's former water man, and Candace Lang, the former town clerk. The two face trial in Muskogee County District Court — Hopkins for embezzlement charges, and Lang for embezzlement and uttering a forged instrument charges.

Allen was beaten in 2016 by a Hopkins, who, along with Lang, lured him to Boynton Town Hall after hours with a promise to provide documents he had requested. Allen, who filed a records request because he suspected misappropriation of town funds, sustained permanent loss of vision as a result of his injuries.

Jurors awarded Allen the maximum amount allowed by law for damages sought from a municipality, which are capped at $125,000 by the Oklahoma Governmental Tort Claims Act. Stephen J. Capron, who represented Allen in the civil case, prosecuted claims against the town that included negligent hiring, negligent supervision, negligent maintenance of premises, and Open Records Act violations.

The Town of Boynton, Lang and Hopkins appealed.

The town claimed it "cannot be liable for intentional torts of its employees, because intentional torts are outside the scope of employment."

Allen's lawyer argued that the town was liable for its negligent hiring and supervising of its employees, including Hopkins, who had a felony criminal record when hired.

"Additionally, Town did not terminate his employment or reprimand him after he sought to fabricate criminal charges against another resident before he assaulted Allen," court records state. "The record included competent evidence that Town was aware of the specific danger created by employing Hopkins."

Lang and Hopkins are due in court next month on a disposition docket before going to trial on the embezzlement charges.