EAST ST. LOUIS - O’Fallon Township High School plans to plead that it couldn’t have harmed Zariah Anthony because she lied about her address.
On July 9 the school served subpoenas on Swansea police and fire, employers of Zariah and her mother Niesha Anthony, a landlord, and providers of telephones, internet and utilities.
Zariah, age 18, moved to quash the subpoenas on July 17.
Her counsel Mark Schuver of Belleville claimed counsel for the school told him the sole purpose was to determine whether she lived within the district’s boundaries.
Schuver claimed her mother was not required to live in the district and Zariah was, “which she did.”
He also claimed school counsel first discussed the subpoenas with him after serving them.
Zariah claims the school expelled her in retaliation after her mother complained about discrimination against black students.
Her mother sued the district in St. Clair County circuit court in January 2023, individually and as parent of a minor.
She named vice principal Twana Dollison, principal Richard Bickel, and superintendent Darcy Benway as defendants.
According to the suit, Dollison met with students in May 2022 to discuss bullying and said, “All the dark skinned people are causing all of the problems lately.”
Zariah informed her mother who contacted Bickel the same day; Bickel allegedly contacted Dollison who called her.
Niesha terminated the phone call because she was stunned that Bickel violated policy by informing Dollison of her complaint, the suit claims.
Niesha then called Benway who allegedly said Dollison couldn’t have made that statement.
Other parents complained about the statement, the suit claims.
Dollison issued a discipline report on Zaraiah about her mother’s complaint, but according to the suit, the school failed to inform mother or daughter about the report.
Zariah allegedly reported bullying and harassment by bullies in August 2022; her mother allegedly requested a meeting and her requests were ignored.
The suit claims that Zariah defended herself against the bullies in September and was initially suspended out of school for 10 days.
A disciplinary hearing was held and the discipline report was explicitly used in support of expelling her, the suit claims., and she was expelled for the remainder of the year in a disproportionate response that violated state law.
The school removed the complaint to U.S. district court as a dispute under the U.S. Constitution and moved to dismiss it for failure to state a claim.
District Judge Stephen McGlynn ruled in January that Zariah could proceed with her claims.
He dismissed her mother’s individual claims as duplicates of Zariah’s claims.
He found the pleadings produced an inference of discriminatory intent.
He found both sides would have adequate opportunity to develop their claims.
He quoted a precedent that retaliation is a form of discrimination and enforcement of statutes would be undermined if it were not interpreted that way.
He set trial next March.
O’Fallon Township High School deposed Niesha Anthony in June and the subpoenas followed.
Schuver’s motion to quash stated that Niesha explained facts and circumstances resolving this issue in her deposition.
He claimed he sent email to defense counsel on July 17, noting the facts were confirmed with Benway at the time of Zariah’s registration.
He claimed he asked defense counsel to delay serving the subpoenas on that date and was told to his surprise that the school served them.
He claimed defendants didn’t assert a defense related to the issue and didn’t request the information through interrogatories or requests for documents.
He claimed Niesha Anthony’s individual claims were dismissed and her employment had no bearing on any issue in this suit.
He asserted privilege on phone records which he claimed would include text messages between plaintiffs and counsel.
Montana Sinn also represents Zariah and her mother.
Schuver and Sinn practice at Mathis Marifian in Belleville.
Brian Funk, Jane May and Julie Bruch, all of Northbrook, represent OTHS.