School wants out of lawsuit claiming decades-ago sexual abuse

Dec. 02--NEW BERLIN -- New Berlin school district officials have asked the court to dismiss in a lawsuit against a former employee by a former student claiming sexual abuse.

Michelle Stolleis Forbes, a 1989 graduate of New Berlin High School, filed a civil lawsuitin September against Carroll Owen Smith of Jacksonville, a former teacher and coach at the school. The lawsuit, which presents only one side of a case, accused Smith of sexually grooming Forbes before sexually abusing her and then trying to conceal the relationship.

Forbes, who is seeking $50,000 damages on each count in the lawsuit, attended the school from 1985 to 1989 and Smith was employed by the school from 1982 until his retirement in 2005. The alleged abuse occurred from 1985 to 1987, according to court documents.

The New Berlin school district, represented by law firm Rammelkamp Bradney, filed a motion to dismiss on Nov. 7, claiming that Illinois School Code protects the district from being sued as the district is not the legal entity subject to the suit.

Forbes, represented by law firm Gates Wise Schlosser & Goebel, responded to the motion by citing precedence set by Palmer vs. Mount Vernon Township High School District 201 and Molitor v. Kaneland Community Unit District No. 302. Both cases were instances in which districts were sued in their own capacity and held liable for the acts of its employees, the response claims.

However, the plaintiff ceded that there is a precedent for a school district's board to be subject to lawsuit rather than the school district, in Snow vs. J Sterling Morton High School Dist. 201 and Kleen vs. Board of Education of Proviso School District 209. Given that, Forbes asks that if the court were to find in the district's favor, to amend the complaint to include the board in its stead.

No decision has been made in regard to the motions by Friday, according to the Sangamon County court records.

Nick Draper can be reached at 217-245-6121, ext. 1223, or on Twitter @nick_draper.

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