Motion to dismiss set for hearing in hospital nurse's defamation case

By Amelia Flood | May 24, 2010

Defendants in a defamation case over a nurse's alleged molestation of a patient and his status as a gay man are asking that the suit be thrown out.

The plaintiff in the case, John Doe, alleges that a fellow nurse falsely accused him of sexually molesting a sedated patient and that the statements led to his firing.

He also alleges that the hospital he worked at, Saint Anthony's Hospital in Alton, discriminated against him due to his sexual orientation.

Defendants Kathryn Hartmann, Saint Anthony's, E.O. Kiepher and Cindy Drainer, argue that allegations in certain counts of Doe's suit are legally deficient.

The hearing is set June 4 at 9 a.m.

According to his complaint, Doe claims he learned on April 2, 2009, that he was accused of molesting a sedated patient and that Hartmann allegedly accused him.

Doe was then fired by the hospital and the plaintiff claims Saint Anthony's attorneys told them to do so to protect the hospital.

Doe alleges that Hartmann's false statements were then reported to the Illinois Department of Financial and Professional Regulation and that the statements were then published.

After a hearing before the department, the charges were thrown out.

Doe is suing on claims of defamation, false light, the infliction of emotional distress, discrimination due to the plaintiff's sexual orientation and other charges.

He seeks damages of at least $50,000, costs, lost wages and other damages.

Doe is represented by Jacqueline Brandenburg-Rees and Bob Perica.

The defendants are represented by Jill Luft, Edward Bott and Melanie

The case is Madison case number 10-L-370.

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