PEORIA -- A federal court magistrate recommended Tuesday that about half the counts lodged against Unit 5 in a case involving former teacher Jon White be dismissed and that the school district be found immune from punitive damages.
The federal lawsuit was filed in May by former Colene Hoose Elementary School first-graders identified as Jane Doe-20 and Jane Doe-21. The girls claimed that they were treated as slaves and sexually abused by White, who is now serving 60 years in prison after pleading guilty in 2008 to abusing eight Urbana students and two in McLean County.
U.S. Magistrate Judge Byron G. Cudmore recommended that several counts be dismissed because lawyers for the girls failed to provide enough evidence to substantiate their claims. Accusations of battery, denial of due process, and false imprisonment related to accusations that White forced the girls to engage in bizarre classroom rituals were among the 11 of 20 counts Cudmore suggests be dismissed.
The Normal-based school district should be deemed immune from punitive damages because of its status as a public entity, according to the recommendation.
The magistrate's recommendations will be considered by U.S. District Court Judge Michael Mihm, who will rule on what portions of the lawsuit should move forward.
Among the claims recommended to remain in the lawsuit are accusations that Unit 5 violated the students' civil rights by creating a hostile environment and intentional infliction of emotional distress.
Named in the lawsuit in addition to White and the district are: former Hoose Assistant Principal Dale Heidbreder; former Principal Jim Braksick; current Principal John Heineman; John Pye, current assistant superintendent of human resources; and Alan Chapman, a now-retired superintendent.
The lawsuit seeks more than $50,000 on each of 20 counts.
Unit 5 attorney Dennis Triggs commented after the lawsuit was filed that the district believes its administrators acted properly in its handling of matters related to White. Several civil complaints involving Urbana students have been resolved and two others are pending against Unit 5.
Posted in Local, Crime-and-courts on Tuesday, October 20, 2009 7:40 pm Updated: 7:42 am. | Tags: Jon White, Unit 5
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