OKLAHOMA CITY, Okla. — State Supt. Ryan Walters claimed legal immunity in a new filing regarding Bixby Public Schools Superintendent Rob Miller’s lawsuit, which was filed in August.

Miller filed a lawsuit against Walters in response to negative comments made by Walters during a news conference covering Title I funds.

“Yeah Rob’s a Liar, I mean he’s really a true embarrassment, he knows every year when he gets Title One funds in, we’re dealing wit financial problems at his district and we’re addressing that,” Walters said during the conference. “So, Rob’s a clown and a liar and he knows that.”

Now, Walters filed a motion to dismiss the lawsuit claiming it’s “frivolous,” according to the court documents.

The document also claims Walters has immunity from the lawsuit, thanks to Oklahoma’s Government Tort Claims Act, as he is an elected official who was doing his duty as state superintendent.

Walters also claims in the court document, Miller cannot sue Walters for exercising his First Amendment right.

Read the full lawsuit filing here.