Paddlers' defense at SIU-E: no chapter exists

[hoosier]

Student claims he was paddled
A lawsuit brought by an SIUE student who said he was paddled so hard during a fraternity hazing that he was hospitalized for three days was dismissed Thursday from Madison County Circuit Court.

The suit was brought by Prentice Motley, of Decatur, against Phi Beta Sigma, the fraternity he was hoping to pledge in April of 2002.

The case was on the trial docket for April 5 but was postponed while attorneys tried to reach a compromise. A member of the fraternity, Malike Perkins, who was 19 at the time, admitted paddling Motley the day before Motley entered the hospital and has been sentenced to a year's probation.

"This was just an out-of-court settlement at a considerably compromised amount," said Robbye Hill Toft, a St. Louis attorney who represented the fraternity. "It was just intended to bring resolution to an unfortunate situation."


She declined to comment further about the case.


According to court records, Motley was one of three people pledging the fraternity when the alleged incident occured. He went to the hospital the next day complaining of fever and severe pain.


Prosecutors said later that reports that the paddling had ruptured Motley's kidney were innacurate.


According to court records, SIUE officials suspended the fraternity pending an investigation. In a written response to Motley's allegations, Toft denied that Phi Beta Sigma had a chapter at SIUE at the time. She denied that Motley's kidney ruptured as a result of the paddling and she claimed that the injuries "were a result of negligent conduct of a third party over whom the fraternity had no control."


The suit alleges that the fraternity was negligent by:


- hazing Motley;


- physically assaulting and battering him during the process of accepting him into the fraternity;


- not properly supervising fraternity members during the pledge process; and


- not properly training its members in the proper methods of pledging.


The suit alleges that Motley suffered severe and permanent injuries, internally, externally, and emotionally.


The suit, filed by Collinsville attorney Steven C. Giacoletto, sought in excess of $50,000.


According to an Incident Investigation Report filed with the suit in June of 2003, Perkins acknowledged that he paddled Motley but said he did not appear to be in any pain during the incident or immediately afterward. Perkins waited until the day after the incident to seek hospitalization.


Frederich Spencer has been sentenced to a year's probation, and Adedamola Oshin has also been sentenced to a year's probation for lying to a Madison County grand jury.


On Feb. 17, 2005, felony hazing charges were dropped against another fraternity member, Deanthony Moore, of Edwardsville. He was allowed to plead guilty to misdemeanor disorderly conduct.


Motley, now 24, graduated from SIUE in December with a degree in management information systems.