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News (Media Awareness Project) - US IL: School District Settles Suit For No Money
Title:US IL: School District Settles Suit For No Money
Published On:2006-11-18
Source:Galesburg Register-Mail (IL)
Fetched On:2008-01-12 21:44:45
SCHOOL DISTRICT SETTLES SUIT FOR NO MONEY

Former Teacher Maintains Claim Against City, Police

GALESBURG - A former industrial arts teacher at
Abingdon High School who lost her job in 2004 after she was accused
of letting students make drug paraphernalia in class has reached a
settlement with Abingdon District 217.

The settlement dismisses the school district from a $1 million
lawsuit filed in federal court earlier this year.

In March, Rebecca A. Boswell sued the school district, the city of
Abingdon, former Abingdon Police Chief William Robinson and Abingdon
Police Sgt. Chris Nagle, claiming false arrest and violation of her
constitutional rights. The lawsuit seeks $1 million in compensatory
damages and $50,000 separately in punitive damages from Williamson and Nagle.

Per the settlement finalized Oct. 26, the school district will pay
no money to Boswell, a non-tenured teacher who was arrested in March
2004 on felony charges for contributing to the delinquency of a
juvenile, based on the testimony of 10 students.

But the school district has agreed to provide Boswell with honest
letters of recommendation for any future employers, according to the
school district's attorney Steve Wakeman of Peoria.

Following her arrest, Boswell was placed on administrative leave
with pay for the remainder of the school year. The board of
education voted to not offer her a teaching contract for the
following school year because she had been arrested on felony charges.

The criminal charges against Boswell were dropped in June 2005 due
to insufficient evidence. At the time, Assistant Knox County State's
Attorney Mark Graham said testimonies of the students "did not rise
to the level of proving criminal intent." A motion to expunge and
seal all records in the case was granted in September 2005.

Six months later, Boswell filed the $1 million lawsuit, claiming
Robinson and Nagle fabricated evidence, arrested her without
probable cause and issued a news release that falsely said she had
admitted to the allegations.

The school district was sued for allegedly giving false information
to the police and refusing to give Boswell a name-clearing hearing.

As a result, Boswell suffered severe mental distress that required
psychiatric treatment and led to loss of future employment as an
industrial arts teacher because of mental distress and damage to her
reputation, the suit alleges.

"The school district is trying to cooperate here to see that future
injustice is not inflicted," Wakeman said. "This is a woman who lost
her employment based upon criminal charges that were not borne out.
Everyone on the school administration and school board feels it was
a very unfortunate set of circumstances."

Superintendent Magie Stuart said the district is "very pleased that
this is resolved. We're very glad this is behind us because it was
not a pleasant thing."

Boswell's attorney, Richard Steagall of Peoria, said the claims
against the school district were "very narrow" and stemmed from
Boswell not having the opportunity to clear her name before her
contract was not renewed. He said the settlement means the school
district admits Boswell's contract would have been renewed if she
had not been arrested.

The school district maintains it did nothing wrong by not renewing
Boswell's contract and continues to deny allegations school
officials gave false information to police.

"The school district's denial of that allegation was well-taken,"
Steagall said. "There was an allegation, but further investigation
showed it would be very hard to prove."

According to Steagall, Boswell lives in McLean County. She is
unemployed and seeking a teaching position for next school year.

Litigation against the city of Abingdon, Williamson and Nagle is
ongoing. The trial is set for September 2008.
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