EAST ST. LOUIS - O’Fallon Township High School can conduct discovery for its claim that Niesha Anthony and daughter Zariah lied about their residence, U.S. District Judge Stephen McGlynn ruled on Aug. 28.
McGlynn denied most of a motion to quash subpoenas that the school served on employers, utilities, and providers of telephones and internet.
He found that a deed for property in Swansea might be evidence that the Anthonys resided outside the district while representing to the court that they lived within it.
“If the Anthonys fraudulently used O’Fallon’s resources in the first place, this may prove fatal to their claims,” he wrote.
Niesha Anthony sued the school last year, claiming the school expelled Zariah in retaliation for a complaint Niesha made about discrimination against black students.
Her counsel Mark Schuver of Belleville named vice principal Twana Dollison, principal Richard Bickel, and superintendent Darcy Benway as defendants.
The suit claims 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 allegedly informed Niesha who complained to Bickel.
Bickel then allegedly informed Dollison of the complaint in violation of policy.
According to the complaint, Benway told Niesha that Dollison couldn’t have made that statement.
Dollison allegedly issued a discipline report on Zaraiah about her mother’s complaint.
Zariah then reported bullying and harassment in August 2022.
Niesha claims she requested a meeting and was ignored.
Zariah allegedly defended herself and was initially suspended for ten days.
A disciplinary hearing was held and Dollison’s report was used in support of expelling Zariah for the remainder of the year, the suit claims.
The response was allegedly disproportionate and violated state law.
The school moved to dismiss the complaint and McGlynn denied it in January, finding the pleadings produced an inference of discriminatory intent.
He found both sides would have adequate opportunity to develop their claims.
The school deposed Niesha Anthony in June.
In July it served subpoenas on Swansea fire and police, Ameren, Illinois American Water, Swansea’s sewage utility, Spectrum Cable, Verizon, AT&T, and employers.
Schuver moved to quash them, claiming Niesha explained facts and circumstances resolving the residence issue in her deposition.
He claimed the facts were confirmed with Benway at the time of Zariah’s registration.
He claimed Niesha was not required to live in the district and Zariah was, “which she did.”
He also claimed the school didn’t assert a defense on the issue or request the information through interrogatories or requests for documents.
He asserted privilege on phone records which he claimed would include text messages between plaintiffs and counsel.
McGlynn found Niesha and Zariah alleged deprivation of education benefits and the matter of their domicile was highly relevant.
He held that subpoenas to Ameren, Illinois American Water, Swansea, and Spectrum were likely to lead to discovery of admissible evidence.
He found the same was true for employment applications and dates of employment.
He limited subpoenas on Verizon and AT&T to outgoing and incoming call records and he excluded content of text messages.
He found he wasn’t convinced that incident reports of Swansea police and fire were relevant.
He found the school did not meet its burden to indicate why these subpoenas were relevant, “especially with the twelve other subpoenas issued to determine the exact same issue.”
He has set trial next March.
Montana Sinn also represents the Anthonys.
She and Schuver practice at the Mathis Marifian firm.
Brian Funk, Jane May and Julie Bruch, all of Northbrook, represent O’Fallon High.