Attorney for teachers union asks for hearing on motion to dismiss mother's suit

Amelia Flood Dec. 28, 2010, 7:36am


An attorney representing O'Fallon School District #203's teacher's union is asking for a hearing date on the district's move to have a a lawsuit involving a former band teacher thrown out.

Belleville attorney Chris Kolker requested the hearing date in a letter sent to the Madison County Circuit Clerk's Office on Dec. 20.

Kolker's client, the O'Fallon Federation of Teachers and O'Fallon School District #203, are being sued by Jane Doe for damages in excess of $50,000 a count.

Jane Doe claims that the teachers union and the school district hid information about co-defendant Matthew Lang's inappropriate relationships with students when Alton school officials contacted them about Lang during an employment search.

Lang was eventually hired as a band teacher in the Alton Community Unit School District #11.

While employed by Alton, Lang had a sexual relationship with Mary Doe, the plaintiff's teenage daughter.

Lang eventually pled guilty to criminal charges connected with that relationship.

The Alton district was originally named as a defendant in the suit.
Alton was dropped from the case later.

The O'Fallon district had tried to have the case moved to St. Clair County.

After Madison County Chief Judge Ann Callis denied the move, the district moved to appeal her ruling.

The appellate court declined to hear the issue and the case has stayed in Madison County.

The O'Fallon teachers union filed its own motion to dismiss the suit Aug. 30.

The matter has yet to be heard.

In his letter, Kolker asks the clerk's office to set the matter for a hearing "as soon as possible."

A motion to compel the O'Fallon school district to comply with some document production and to answer interrogatories is also pending.

Thomas Falb represents Jane Doe.

David Bub and James Craney represent the O'Fallon district.

Bennett Rodick and Stephanie Jones represent the O'Fallon district's board of education.

Kolker represents the teachers union.

The case is Madison case number 09-L-886.

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