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IA Supreme Court to Review Ruling
Fri May 10, 2013
Keokuk Schools Seek Lawsuit Removal
The Keokuk School District and former Keokuk High School Principal Michelle Lukavsky are trying to be removed from a sexual abuse lawsuit in Lee County.
The two defendants have submitted their responses to a lawsuit filed by a former student against them and current teacher Gina Sisk.
The lawsuit from Jane Doe II accuses Sisk of assault and battery, sexual abuse of a minor and lascivious conduct with a minor.
The unidentified woman says the abuse occurred over two years, starting in 2009.
The school district and Lukavsky deny that the lawsuit from Jane Doe II was filed in a timely manner and almost everything else in the section titled Factual Information.
The only point in that section they did agree with is that Jane Doe II's father did meet with Lukavsky.
They also denied that any action by Sisk was in the scope of her employment and stated that any damage to Jane Doe II was caused by another person or party.
The Keokuk School District and Michelle Lukavsky not only want to be removed from the case, but they also want Jane Doe II to pay their associated costs.
Meanwhile, a similar lawsuit filed against Gina Sisk in Henry County could be delayed for an extended amount of time.
That lawsuit was filed by Jane Doe in March 2012 against Sisk and the New London School District.
Jane Doe alleges that Sisk sexually abused her while Doe was a student and Sisk was an employed by the school district about a decade ago.
District Court Judge Cynthia Danielson denied defense motions, earlier this year, that sought to have the lawsuit dismissed because the statute of limitations had expired.
That prompted the defense to appeal to the Iowa Supreme Court to review the ruling, which has been granted.
Spokesperson Steve Davis says in 2012, the average time from a notice of appeal to an opinion being delivered by the Iowa Supreme Court was nearly 15 months.
It’s expected that there will be no action in the case until the review is completed.
Must Reveal Identity to Court, Defense
Lawyers Cite Protection vs. Discovery
2nd Accuser Claims Sexual Abuse
Filed in Henry County