Cody Barlow Federal Complaint
Cody Barlow Federal Complaint
Plaintiff John Doe 1, a minor, by and through his parent and next friend, Jane Doe 1, and
their attorneys of record, and based on information and belief, alleges and states as follows:
I. THE PARTIES
1. John Doe 1 is a minor who attended Wewoka Middle School. John Doe 1 was a
minor at the times alleged in this complaint and was required to attend school per Oklahoma Statute
70 O.S. § 10-105. At all material times, John Doe 1 was a resident of Seminole County, Oklahoma.
Oklahoma, a/k/a Wewoka Public Schools (“Wewoka School District” or the “School District”) is
a public educational institution located in Seminole County, Oklahoma, and is an Oklahoma school
district organized and existing under the laws of the State of Oklahoma with its principle office in
Seminole County, Oklahoma. Wewoka School District receives federal funding and is subject to
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688. Wewoka School District
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may be served with process at its principal place of business: Attn: Erika Seeley, Clerk of the
3. Defendant Cody Barlow (“Barlow”) has been the Principal of Wewoka Middle
School since the 2019-2020 school year and was a teacher there since the 2012-2013 school year.
At all relevant times, Barlow was a citizen of the State of Oklahoma and a resident of Seminole
County, Oklahoma. Barlow may be served at his place of residence or at any other place he may
be properly served.
4. This Court has subject matter jurisdiction over this case under 28 U.S.C. § 1331,
which gives district courts jurisdiction over all civil actions arising under the Constitution, laws,
5. This Court also has subject matter jurisdiction under 28 U.S.C. § 1343, which gives
district courts original jurisdiction over any civil action authorized by law to be brought by any
person to redress the deprivation, under color of any State Law, statute, ordinance, regulation,
custom or usage, of any right, privilege or immunity secured by the Constitution of the United
States or by any Act of Congress providing for equal rights of citizens or of all persons within the
jurisdiction of the United States; and any civil action to recover damages or to secure equitable
relief under any Act of Congress providing for the protection of civil rights.
6. Pursuant to 28 U.S.C. § 1367, this Court also has subject matter jurisdiction over
pendent state law claims regarding the violation of the Oklahoma Constitution, state statutes, and
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7. Venue is proper in this district, as the Defendants do business in this district, the
events giving rise to the claims occurred (at least in part) in this district, and the Defendants reside
8. The Wewoka School District should provide a safe learning environment for its
9. The Wewoka School District failed to provide its students an environment free of
sexual predators. While on school grounds and during school hours, a sexual predator repeatedly
preyed on students even after Wewoka School District was notified of the sexual predator’s
misconduct.
10. The sexual predator was Wewoka Middle School Principal, Cody Barlow. Barlow
molested and committed lewd acts, including but not limited to inappropriately touching or feeling
the body or private parts of male students while at Wewoka School District, on campus, and during
11. Barlow became a teacher in Wewoka during the 2012-2013 school year and became
the Principal of Wewoka Middle School during the 2019- 2020 school year.
12. Barlow was also a youth pastor at the First Baptist Church of Wewoka.
13. Plaintiff transferred to Wewoka Middle School in the Spring of 2022 as a 6th
grader.
14. Barlow immediately gave Plaintiff special treatment at school, exhibiting what is
15. For example, Barlow identified Plaintiff for a “gifted” student program; Plaintiff
was the only student nominated for such program. Barlow also initiated and escalated improper
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physical contact with Plaintiff. Barlow would also initiate such inappropriate contact in front of
16. Barlow exhibited similar behavior with other male students at Wewoka Middle
School. For example, Barlow would often “roughhouse” with members of the boys basketball team
in ways that made students uncomfortable. Barlow also spent inordinate amounts of time with boys
alone in his office, despite there being no indication such boys were in trouble or otherwise there
17. Once becoming Principal, Barlow also moved his office to a location within
Wewoka Middle School that provided him with greater privacy for his activities and isolated
him—and his victims—from other Wewoka staff and students. Wewoka School District
acquiesced.
18. On the morning of October 12, 2022, Wewoka Middle School counselor, Ashley
Azlin, walked into Barlow’s office and witnessed Barlow standing behind a 7th grade boy, rubbing
the boy’s shoulders and thrusting his hips back and forth against the back of the boy. Ms. Azlin let
out a yelp, but Barlow did not stop. Ms. Azlin then screamed. Barlow then sat down and placed
the boy in his lap, over what Ms. Azlin observed to be Barlow’s erect penis.
19. Ms. Azlin called the Wewoka Police Department, who came and escorted Barlow
off the premises. Ms. Azlin was so distraught over what she had witnessed that she was unable to
20. That same day, October 12, 2022, Wewoka Superintendent, Dr. Shellie Gammill,
contacted a select group of Wewoka Middle School parents and requested they come to her office.
Upon arriving, parents met with Dr. Gammill, and she informed them that Barlow had engaged in
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21. At this time, it became clear that Wewoka School District knew of Barlow’s
22. During Dr. Gammill’s meetings with parents on October 12, 2022, she said that, on
another occasion (in approximately September of that year), a parent had walked into Barlow’s
office and observed him molesting another boy in the same way that Ms. Azlin had observed on
October 12, 2022. Dr. Gammill also disclosed that another of Barlow’s victims was Native
American.
23. Much later on October 12, 2022, Dr. Gammill notified the Oklahoma State
Department of Education (OSDE) that she had placed Barlow on administrative leave due to
allegations of inappropriate behavior. She admitted to OSDE that, as of that date, she knew of at
24. Despite having knowledge of Barlow’s prior misconduct, the Wewoka School
District did not notify law enforcement, the Department of Human Services, OSDE, or the victims’
parents until October 12, 2022—when Barlow was finally escorted off campus and put on
administrative leave.
25. Because of the Wewoka School District’s lack of response to Barlow’s misconduct,
26. Wewoka School District also facilitated Barlow’s predatory behavior in various
other ways. For example, the Wewoka School District permitted Barlow to chaperone school
events, including off-campus and overnight activities. On such occasions, Barlow would be
responsible for transporting and housing students, which provided him unfettered and
unsupervised access to students in captive environments. This included rides on Wewoka School
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District buses. It also included nights in remote cabins and hotels in far-away cities—places where
children would feel confined, powerless, and utterly at the mercy of Barlow.
27. Wewoka School District also facilitated Barlow’s access to young boys during non-
school activities. For example, in his role as youth pastor at Wewoka’s First Baptist Church,
Barlow would take boys to the now infamous Fall’s Creek church camp. And Wewoka School
District, at Barlow’s request, would provide district buses for Barlow to transport them.
28. Barlow also exhibited inappropriate behaviors with students outside of school. For
example, Barlow told children in his church youth group that he had an extreme addiction to
pornography.1
29. Following the events on October 12, 2022, the Oklahoma State Bureau of
Investigation (OSBI) launched an investigation into Barlow’s misconduct. On October 27, 2022,
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The OSBI statement confirms there were multiple instances of Barlow’s misconduct at Wewoka
before anyone from the Wewoka School District informed authorities of Barlow’s behavior on
30. The Wewoka School District failed to implement and/or execute policies in regard
to the reporting of sexual misconduct to state agencies to protect students from further abuse and
to end the access to students of suspected predators. These failures resulted in the deprivation of
31. The Wewoka School District failed to ensure that all of its employees, including
administrators, were properly hired, trained, retained, and supervised to perform their jobs.
32. The Wewoka School District is responsible for the acts and omissions of its
employees, including its administrators, during the course and scope of their employment.
33. At all relevant times described, Dr. Shellie Gammill was acting in the course and
scope of her employment as a Wewoka School District administrator, including when she
34. The Wewoka School District is responsible for the acts and omissions of Dr. Shellie
Gammill—and any other school district employees who had knowledge of Barlow’s activities—
as described herein.
35. The Wewoka School District is also responsible for the acts and omissions of
Barlow with respect to his failure, as Wewoka Middle School Principal, to properly train school
employees and implement and/or execute policies regarding the investigating and reporting of
sexual misconduct.
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36. Plaintiff was physically, mentally, and emotionally injured by Barlow’s misconduct
and the Wewoka School District’s failure to adequately respond to Barlow’s behavior. Plaintiff
was scared to attend school and was afraid of being bullied due to Barlow’s misconduct.
37. Under the Fifth and Fourteenth Amendments, Plaintiff has the right to Due Process
38. At all times relevant hereto, it was clearly established that Plaintiff had fundamental
rights to physical safety and to be free from the infliction of unnecessary pain.
39. At all times relevant hereto, Defendant Wewoka School District was a state actor
40. Defendant denied Plaintiff his rights to Due Process and Equal Protection of the
Law by:
sexual predators;
allegations;
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g. failing to hire, train, and supervise Dr. Shellie Gammill and other teachers
m. failing to adequately train and supervise the Wewoka School District’s staff
42. Wewoka School District’s custom or policy was demonstrated by the fact that
Defendant received multiple allegations of misconduct regarding Barlow, yet failed to investigate
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those allegations or report them to law enforcement and removed Barlow only after a staff member
limited to, Superintendent Shellie Gammill, Middle School Principal Cody Barlow, and the
44. The inadequate policies and resulting failures to train allowed Barlow, as a Wewoka
School District employee, to violate Plaintiff’s constitutional rights to equal protection and due
process.
46. Molestation of students at a middle school and during school sponsored activities
47. A school environment where children are feloniously touched and/or receive lewd
48. School bus rides and school-sponsored trips and activities where children are
feloniously touched and/or receive lewd or lascivious communications from adults is a dangerous
environment.
49. School bus rides and school-sponsored trips and activities where children are under
the close, direct supervision of school-appointed adult chaperones that feloniously touch and/or
50. Wewoka School District was a dangerous environment for its students, including
Plaintiff.
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51. Trips and activities sponsored by and under the supervision and control of Wewoka
School District were dangerous environments for its students, including Plaintiff.
53. Wewoka School District created the danger or increased Plaintiff’s vulnerability to
the danger by effectively ignoring numerous allegations of sexual misconduct by Barlow; not
immediately removing Barlow from campus after receiving notice of his misconduct; continuing
to allow Barlow unfettered and unsupervised access to students in his office, on school buses, and
on school trips; not effectively investigating allegations of misconduct by Barlow; and/or not
immediately reporting the allegations of misconduct to law enforcement and/or the students’
parents.
54. Wewoka School District’s conduct put Plaintiff and others like him at substantial
risk of serious, immediate, and proximate harm. That risk included the risk of being abused while
at Wewoka Middle School and during school-sponsored trips and activities. Indeed, Plaintiff and
other students were abused by Barlow after Wewoka School District had notice of Barlow’s
misconduct.
55. The risk of danger was obvious or known to Wewoka School District, including
56. Wewoka School District’s actions and inactions created an opportunity for Barlow
to continue to abuse Plaintiff and other students, as those actions stripped necessary aid from
Plaintiff and others. Reporting Barlow’s misconduct to law enforcement and/or victims’ parents
could have enabled law enforcement, regulatory bodies, or parents to have sheltered Plaintiff and
other students from Barlow’s predatory behavior, including by removing Barlow from Wewoka
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School District, removing Plaintiff and/or other students from Wewoka School District, or
otherwise preventing Barlow from further access to Wewoka students including Plaintiff.
57. Wewoka School District acted recklessly in conscious disregard of this risk.
59. Wewoka School District’s and its officials’ failings as described above resulted in
Plaintiff and other students suffering severe emotional distress, psychological damage, significant
61. Defendant’s disregard of the sexual misconduct of Barlow was so severe and
objectively offensive that it deprived Plaintiff of education opportunities and benefits provided by
in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a) (Title IX),
because:
b. Plaintiff was subjected to sexual harassment in the form of sexual pursuit and
and
63. Plaintiff suffered sexual harassment and/or abuse; therefore, the discrimination was
on the basis of sex. In addition, the discrimination was on the basis of sex because only males
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endured the abuse. No female students were subjected to the abuses suffered by Plaintiff or the
Defendant’s lack of policies and procedures and failure to properly investigate and/or report sexual
misconduct.
65. Defendant and its officials had knowledge, including actual knowledge, of the
sexual misconduct Plaintiff suffered as a result of Defendant’s failure to notify law enforcement.
67. Further, Dr. Shellie Gammill was the appropriate person to receive complaints of
sexual misconduct at the Wewoka School District, as she exercised control over Cody Barlow
68. Barlow’s misconduct was a substantial danger and risk to the Wewoka School
District’s students.
70. The harassment suffered by Plaintiff was severe, pervasive, and objectively
offensive.
71. Defendant had sufficient control over Cody Barlow and Wewoka Middle School to
allegations of Barlow’s misconduct and to inform law enforcement or other governmental officials.
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73. Defendant’s actions and inactions caused students, including Plaintiff, to undergo
further sexual misconduct by Barlow and made them vulnerable to that sexual misconduct.
74. Defendant persisted in its actions and inactions even after it had actual knowledge
75. Defendant’s failure to promptly and appropriately respond to the alleged sexual
harassment and sexual misconduct resulted in Plaintiff, on the basis of his sex, being excluded
from participation in, being denied the benefit of, and/or being subjected to discrimination in the
76. Plaintiff and other boys similarly situated did not receive an equal education as the
girls because they were subjected to sexual harassment, sexual abuse, and/or inappropriate conduct
resolve, investigate, or prevent further sexual assaults. Instead, the Defendant acted with deliberate
78. Defendant’s response was clearly unreasonable in light of the circumstances known
to them.
79. Defendant’s actions, including but not limited to its failure to effectively and
immediately investigate Barlow’s misconduct and to continue to allow Barlow unfettered and
unsupervised access to children, were not reasonable responses to the substantial risk of sexual
misconduct.
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82. Defendant could have exercised its inherent authority over school property to
immediately prohibit Barlow from entering school property and abusing Plaintiff and other
83. Defendant engaged in a pattern and practice of behavior that failed to fully
investigate, alert, and protect students from sexual misconduct within the school district.
84. Defendant’s actions were the direct and proximate cause of Plaintiff being deprived
85. As a result of the Wewoka School District’s actions, Plaintiff has suffered and
continues to suffer severe emotional distress and/or phycological damage and/or significant pain
86. Barlow acted intentionally with the intent of making harmful contact with Plaintiff.
89. As a direct result of the assault and battery, Plaintiff has suffered injuries and
damages.
90. The actions of Barlow were reckless and in disregard for the rights of others,
91. The physical and mental abuse that Barlow inflicted on Plaintiff was done
92. Barlow’s actions were extreme and outrageous and beyond the bounds of decency.
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93. Barlow’s actions were atrocious and utterly intolerable in a civilized society.
94. As a direct result of Barlow’s actions, Plaintiff was severely traumatized, beyond
96. Barlow’s actions were intentional and/or reckless, with disregard for the rights of
V. PRAYER
97. Plaintiff respectfully requests judgment in his favor and against Defendants as
follows:
b. punitive damages;
c. injunctive relief;
e. costs; and
Respectfully submitted,
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[email protected]
[email protected]
[email protected]
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