EAST ST. LOUIS - O’Fallon Township High students posted videos of 51 physical and verbal collisions on an Instagram account and many of them look worse than the one that resulted in expulsion of Zariah Anthony, according to her counsel Mark Schuver of Belleville.
He claims Instagram’s bangitoutina2.0 showed students punching each other violently in the face, head and other body parts, falling to the ground, and suffering injuries.
He claims it showed students striking teachers, administrators and security personnel.
On Sept. 27 he moved at U.S. district court for an order compelling the school to identify all students and staff on the videos and describe the discipline it issued if any.
He claimed the school asserts that it expelled Zariah because the fight that involved her was one of the worst fights ever at O’Fallon High.
“During the depositions taken last week, the witnesses to the fight testified under oath that plaintiff and the other student involved in the alleged altercation never made physical contact with each other," he wrote.
“Indeed, the videos produced by the defendants as well as videos obtained from students who witnessed the fight confirm this fact.
“There is no evidence that any person was physically injured in the altercation.
“For the most part the altercation resulted in high school students yelling at each other and teachers and administrators trying to keep them apart.”
He claimed the school board relied on a third party’s video of the action in making its decision to expel Zariah.
He filed suit for Zariah’s mother Niesha Anthony last year against the school, vice principal Twana Dollison, principal Richard Bickel, and superintendent Darcy Benway.
Zariah has stood as second plaintiff since she turned 18.
Schuver claimed the school expelled Zariah in retaliation for a complaint Niesha made about discrimination against black students.
He claimed Dollison met with students in May 2022 to discuss bullying and said, “All the dark skinned people are causing all of the problems lately.”
He claimed Zariah informed her mother who complained to Bickel.
He claimed Bickel informed Dollison of the complaint in violation of policy.
He claimed Benway told Niesha that Dollison couldn’t have made that statement.
He claimed Dollison issued a discipline report on Zaraiah about her mother’s complaint.
He claimed Zariah reported bullying and harassment in August 2022.
He claimed Niesha requested a meeting and was ignored.
He claimed Zariah defended herself and was initially suspended for 10 days.
He claimed a hearing was held and Dollison’s report was used in support of expelling Zariah.
The school moved to dismiss the complaint and District Judge Stephen 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.
Schuver stated in his motion to compel responses to the videos that he provided them to school counsel Julie Bruch of Northbrook.
He claimed she objected, arguing that the school couldn’t authenticate third party videos.
“Defendants cannot claim now that third party videos are not relevant or material or that they are somehow unable to make disciplinary determinations based on such videos,” Schuver wrote.
“There is no question that they can and do, and did so in this case.”
He claimed all the videos could be reviewed in 30 or 40 minutes.
He claimed they all had dates when they were posted.
He claimed witnesses testified that the videos all showed O’Fallon High students in altercations or fights on school property.
He claimed defendants clearly knew about most if not all of these altercations or fights.
McGlynn has set trial in March.
In August, he ruled that the school could serve subpoenas in an effort to show Zariah didn’t reside in the district.