IN THE ELEVENTH JUDICIAL CIRCUIT COURT OF

______COUNTY, ILLINOIS

PLAINTIFF 1 and)

PLAINTIFF 2,)

)

Plaintiffs,)

) Case No. XX L XXXX

v.)

)

DEFENDANT,)

)

Defendant.)

COUNTERCLAIM

Now comes Defendant-Counterclaimant, DEFENDANT (hereinafter “DEFENDANT”), by and through his attorney, Jason A. McDaniel of Smith & Weer, P.C., and for his counterclaims against Plaintiff/Counter Defendant, PLAINTIFF 1 (hereinafter “PLAINTIFF 1), plead pursuant to 735 ILCS 5/2-608, states as follows:

COUNT I (Defamation Per Se)

Now comes Defendant-Counterclaimant, DEFENDANT, and for his counterclaim against Plaintiff/Counter Defendant, PLAINTIFF 1, states as follows:

  1. At all times mentioned and plead, PLAINTIFF 1, was a resident of ______County, Illinois.
  2. On or about August 29, 2005, DEFENDANT was a resident of ______County, Illinois.
  3. As of the date of this Counterclaim, DEFENDANT is a resident of Indiana.
  4. That DEFENDANT was employed as a Youth Director at CHURCH on August 29, 2005, but that employment ended on or about October 14, 2005.
  5. That PLAINTIFF 1 was an employee of CHURCH on August 29, 2005 and upon information, belief, and the pleading of PLAINTIFF 1, she still is an employee of CHURCH.
  6. On or about January 2, 2007, PLAINTIFF 1 made the following false allegations to the ______Police Department:
  7. That on March 25, 2005, DEFENDANT was violent toward her, that he grabbed her wrist and that he threw her to the floor;
  8. That on August 29, 2005, DEFENDANT sexually assaulted, raped, and otherwise assaulted her at CHURCH in DEFENDANT’s office; and
  9. That DEFENDANT impregnated her on August 29, 2005.
  10. On or about January 2, 2007, PLAINTIFF 1 filed a false police report with the CITY Police Department alleging that DEFENDANT had assaulted and raped her.
  11. On or about March 16, 2007, PLAINTIFF 1 contacted DEFENDANT by phone whereas she claimed that she was pregnant and that he impregnated her, which DEFENDANT denied.
  12. At that time, the Illinois State Police were monitoring said phone call from PLAINTIFF 1 to DEFENDANT.
  13. On or about May 8, 2007, the Illinois State Police contacted DEFENDANT regarding the criminal complaint for sexual assault PLAINTIFF 1 filed with the CITY Police Department.
  14. On or about May 10, 2007, two Illinois State Police officers met with DEFENDANT, his attorney, ATTORNEY, and PASTOR, at ATTORNEY’S law office and at that time and place the officers interrogated DEFENDANT regarding PLAINTIFF 1’s rape allegations, which he denied.
  15. That no charges have ever been brought against DEFENDANT for any of PLAINTIFF 1’s allegations.
  16. That DEFENDANT has never been arrested for anything whatsoever connected in any way with any alleged misconduct regarding PLAINTIFF 1.
  17. At no time has DEFENDANT ever assaulted PLAINTIFF 1.
  18. At no time has DEFENDANT ever sexually assaulted PLAINTIFF 1.
  19. That DEFENDANT has never had any sexual relations whatsoever with PLAINTIFF 1.
  20. That PLAINTIFF 1 informed the pastor and/or staff parish committee at CHURCH that DEFENDANT had sexually assaulted her.
  21. That on August 28, 2007, PLAINTIFF 1 filed in ______County case number XX L XXXX falsely claiming DEFENDANT had sexually assaulted her, that said assault caused her emotional distress, and that PLAINTIFF 1’s husband, PLAINTIFF 2, lost society with PLAINTIFF 1 and was obligated to pay medical expenses for PLAINTIFF 1.
  22. On or about August 29, 2007 as a result of PLAINTIFF 1’s false allegations, a Church meeting was held at CHURCH, in which the congregation was informed that PLAINTIFF 1 filed a civil suit against DEFENDANT and that DEFENDANT sexually assaulted/raped her at the church.
  23. Because the false and defamatory statements made by PLAINTIFF 1 impute to DEFENDANT unlawful conduct, adulterous conduct, and also injured DEFENDANT in his employment, the statements of PLAINTIFF 1 constitute defamation per se for which DEFENDANT is presumptively entitled to recover damages without proof of the same.
  24. As a proximate result of the foregoing defamatory statements by PLAINTIFF 1, DEFENDANT suffered injuries, general and special pecuniary and non-pecuniary damages and emotional damages, as well as injuries to his reputation as a youth director who’s responsibility involves work with children in many instances.

WHEREFORE, DEFENDANT demands judgment against PLAINTIFF 1, for compensatory damages in an amount in excess of the minimum amount required for jurisdiction in ______County, Illinois and for exemplary and punitive damages in an amount which will serve to punish PLAINTIFF 1 and deter PLAINTIFF 1 from similar wrongful conduct, for costs and expenses of this action, and for such other relief as equity may require or as the Court deems just and proper.

DEFENDANT/COUNTERCLAIMANT DEMANDS TRIAL BY JURY.

COUNT II (Intentional Infliction of Emotional Distress)

Now comes Defendant-Counterclaimant, DEFENDANT, and for his counterclaim against Plaintiff/Counter Defendant, PLAINTIFF 1, states as follows:

  1. DEFENDANT hereby re-alleges and incorporates by reference each and every allegation set forth at paragraphs 1 through 21, above, as though fully set forth herein.
  2. PLAINTIFF 1 intentionally inflicted extreme emotional distress upon DEFENDANT in the following ways:
  3. On or about March 16, 2007, PLAINTIFF 1 contacted DEFENDANT and falsely accused him of impregnating her on August 29, 2005;
  4. On or about May 8, 2007, DEFENDANT was contacted by the Illinois State Police informing him that he was under investigation as a result of PLAINTIFF 1’s sexual assault complaint filed with the CITY Police Department on or about January 2, 2007;
  5. As a result of PLAINTIFF 1’s false rape allegations as well as allegations that DEFENDANT impregnated her, DEFENDANT was contacted by Illinois State police and interrogated by them on or about May 10, 2007;
  6. As a result of PLAINTIFF 1’s false rape allegations, DEFENDANT continues to be investigated by the Illinois State Police and the ______County State’s Attorney;
  7. DEFENDANT was made aware that PLAINTIFF 1 told his former superiors at CHURCH, as well as parishioners, friends, acquaintances, and others associated at CHURCH that DEFENDANT had raped her at said church;
  8. On August 28, 2007, PLAINTIFF 1 filed a civil complaint against DEFENDANT falsely alleging he had sexually assaulted her (raped her), caused her emotional distress, and caused a loss of society with PLAINTIFF 2;
  9. DEFENDANT was made aware that as a result of PLAINTIFF 1’s false accusations of rape and civil complaint, that a meeting was held at CHURCH on or about August 29, 2007;
  10. By jeopardizing DEFENDANT’s job and career as a youth director at his current employment in Indiana with false rape allegations; and
  11. By jeopardizing his marriage with false rape allegations.
  12. PLAINTIFF 1’s conduct was unreasonable, outrageous, exceeds the bounds usually tolerated by decent society, and was done willfully, maliciously and deliberately with the intent to cause DEFENDANT severe mental and emotional pain, distress, anguish, depression, humiliation, fear of imprisonment, fear of losing his job and/or career and loss of enjoyment of life.
  13. Alternatively, PLAINTIFF 1’s conduct was done with utter disregard for the consequences of such actions and with reckless indifference with the likelihood that such behavior would cause DEFENDANT severe emotional distress.
  14. As a direct and proximate result of the intentional and/or reckless conduct of PLAINTIFF 1 as alleged hereinabove, DEFENDANT has suffered non-pecuniary damages, as well as economic and emotional damage in a total amount to be proven at trial.

WHEREFORE, DEFENDANT demands judgment against PLAINTIFF 1 in an amount in excess of that necessary to confer jurisdiction in the Circuit Division of this Court, for costs of suit, and for such other relief as equity may require or as the Court deems just and proper.

DEFENDANT/COUNTERCLAIMANT DEMANDS TRIAL BY JURY.

DEFENDANT, Defendant/Counterclaimant

By:

JASON A. MCDANIEL, his attorney

JASON A. MCDANIEL

SMITH & WEER, P.C.

410 Elizabeth Street

Pekin, Illinois 61554

Phone: (309) 347-4300

Fax: (309) 347-3574

AFFIDAVIT

Now comes Jason A. McDaniel, attorney for Defendant/Counterclaimant, DEFENDANT, and hereby states that the total of any damages sought in this claim does exceed $50,000.00.

______

JASON A. MCDANIEL

STATE OF ILLINOIS)

) §

COUNTY OF TAZEWELL)

Subscribed and sworn to before me this day of , 20__.

______Notary Public

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