Madison County Circuit Judge William Mudge has set a case management conference for a suit in which a man described as deeply religious says he was called several times a day by the defendant who played audio recordings of Bible verses and “revolting human bodily functions."
The case management conference is set for Sept. 6 at 9 a.m.
According to the suit filed in September 2012, Kip Lackey claims he received at least 200 phone calls from Gary Layton. Lackey alleges he was harassed by the calls that occurred anywhere from one to eight times a day, five to six days per week.
During the calls, Layton allegedly 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 states.
The calls consisted of pushing random buttons and playing audio recordings of “disgusting and revolting human bodily functions, including by not limited to belching,” the suit states.
Robert Elovitz of Edwardsville is representing the plaintiff.
Kevin J. Babb in Edwardsville is representing the defendant.
Madison County Circuit Court case number 12-L-1514