Ex-coach's defamation suit denied
HIGH SCHOOL FOOTBALL RECRUITMENT
PLAINFIELD -- A Will County judge dismissed the defamation lawsuit filed against three Plainfield School District administrators by former football coach Dan Darlington, but the coach's lawyer says the fight will continue.
"(Superintendent) Dr. (John) Harper decided to issue a press release and play judge by saying the case is over," said Randy Gordon, Darlington's lawyer. "I have until next week to file a reconsideration, and that's exactly what I plan to do."
Darlington was hired in August 2005 as Plainfield North's first varsity football coach. In September 2006, the Illinois High School Association suspended Darlington from coaching for one year following allegations that he improperly recruited high school students to play football at Plainfield North. Darlington resigned his position soon after.
Darlington and his wife later sued Harper and two other administrators in the district, as well as the IHSA, alleging defamation, conspiracy to defame, negligence, outrageous conduct and deprivation of constitutional rights.
The parents of three students also sued, alleging false imprisonment, deprivation of constitutional rights and negligence in connection with the students' residency in the school district and their IHSA eligibility to play football. Gordon represents the students and their families as well.
In the parents' lawsuit, the students and their parents say district administrators held the students for more than three hours while questioning them about their residency and did not allow the students to call their parents or a coach. The lawsuit claims administrators threatened and intimidated the teens into signing false statements saying they did not live within the school's attendance boundary.
According to a school district news release issued this week, Will County Circuit Court Judge Richard Siegel dismissed "with prejudice" most of Darlington's 28 claims.
According to the release, Siegel also dismissed Darlington's other claims "without prejudice," meaning that they can be refiled.
The judge also dismissed "with prejudice" nine of 25 claims filed by the parents of several students for false imprisonment. He dismissed "without prejudice" all of the other student claims of constitutional deprivation and willful and wanton conduct, according to the release.
"We are grateful that much of this chapter is closed and we can move on with the business of providing the best possible educational services, including great athletic programs, to all of our students," Harper said in the statement.
Gordon said next week he plans to file motions for the judge to reconsider the claims dismissed "with prejudice." Most of those claims were dismissed using arguments under tort immunity laws, but Gordon said he has a "very similar" appellate court case that held the IHSA responsible for similar claims.
Gordon said he will also refile the other claims.
"As (the judge) said, 'Let's just get a fresh start and be more specific as far as how each defendant violated the constitutional rights of your client,'" Gordon said. "I said, 'OK, easy enough.'"
Marty Hickman, executive director of the IHSA, declined further comment, other than, "The judge dismissed the claims and is giving them some opportunity to refile. We'll just let the justice process take place."
The school district did not offer further comment beyond what was in its release, which also stated that "the district's attorneys believe that (refiled) claims should then be dismissed ... unless new, unexpected facts are brought forward."