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Candice Kusmer Achieves Appellate Win in Controversial Case

Candice Kusmer Achieves Appellate Win in Controversial Case

Kurowski Shultz Attorneys At Law


The Illinois Appellate Court for the Fifth District has affirmed summary judgment to KS client, the Valmeyer Community School District No. 3, in an August 21, 2014 decision. Two years prior, Monroe County, Illinois Circuit Judge Dennis Doyle granted the school district summary judgment based upon the Illinois Tort Immunity Act dismissing plaintiffs’ claims. The plaintiffs were the parents of a 15-year old Valmeyer high school student who committed suicide in October, 2008. They claimed that the conduct of two Valmeyer administrators during the course of the investigation of a disciplinary incident involving their son caused or contributed to their son’s suicide. The defendants vigorously denied the allegations and successfully sought and obtained dismissal based upon Section 2-201 of the Tort Immunity Act which immunizes school administrator conduct in the course of making policy and acting in their discretion. The Fifth District affirmed the trial court ruling that the disciplinary investigation fell within the immunity provisions. Candice Kusmer briefed and argued the appeal. John Kurowski handled the motion in the trial court.