Alias summons allowed in suit over recordings of 'revolting human body functions'

Madison County Circuit Judge William Mudge on July 24 granted the plaintiff’s motion to issue an alias summons in a lawsuit that accuses a Madison County man of calling the plaintiff multiple times a day, playing audio recordings of Bible verses and “revolting human bodily functions.”

Kip Lackey claims he received at least 200 phone calls from defendant Gary Layton, according to the suit filed last September. The calls occurred one to eight times per day, five to six days per week and were intended to harass Lackey, the suit claims.

According to Mudge’s order, plaintiff’s attorney Robert Elovitz of Edwardsville appeared July 24 and said the summons had been served July 1 but was served two days past the 30-day service time period. Elovitz requested permission to have an alias summons issued, which Mudge granted.

The alleged calls consisted of pushing random buttons and playing audio recordings of “disgusting and revolting human bodily functions, including but not limited to belching,” the suit states.

During the calls, Layton also played “audio recordings of the Bible, knowing that Plaintiff is a devoutly religious Christian but deliberately intending these audio recordings to cause plaintiff emotional distress, and said harassment did in fact cause distress to plaintiff’s emotional health,” the complaint says.

Madison County Circuit Court case number: 12-L-1514.