The motion docket for Desira Gwin vs. First Assembly of God of Chickasha for negligence took place on Tuesday morning.
The civil case against Wee Care, First Assembly of God Church and Kaitlyn Murphy filed by Gwin, the mother of a Gunner McConnell, is seeking compensation over $10,000.
The defense requested that the case be dismissed on the grounds that the church is not liable for the behavior of the employee accused of child abuse. The defense requested that Judge Richard Van Dyck take the request under advisement.
Murphy, a former employee at the Wee Care facility, affiliated with the First Assembly of God, is under investigation by the Chickasha Police Department after a child left the school with a broken arm.
The hearing for the criminal case against Murphy is set for Aug. 28 at 3:30 p.m.