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Judge advises amending lawsuit

PITTSBURGH — The attorney representing a Zelienople family suing five other families, the Seneca Valley School District and Butler County will amend the original lawsuit.

When he does so, attorney Craig Fishman will no longer be permitted to refer to the minor defendants as “mean girls.”

The call for an amendment and the motion on word choice came after a Friday hearing in which U.S. District Court Judge Mark Hornak said he hopes the new filing is “narrowed in focus” and provides more concrete evidence of the allegations.

The original lawsuit filed last fall by Alecia and Michael Flood Jr. claims their minor son T.F. suffered physical torment and psychological trauma as a result of false sexual assault allegations. The Floods allege their son was arrested, wrongfully prosecuted, placed on probation, incarcerated, harassed and defamed in a case of gender-based discrimination as a result of the claims.

The suit names Meghan Villegas and minors K.S., C.S., E.S. and H.R; their parents, George Villegas Jr., Pam Villegas, David and Christy Sherk, David and Christine Seaman, Cris and Kimberly Salancy, and David and Lynn Reina; the Seneca Valley School District; Butler County; and the Butler County District Attorney's Office as defendants.

During a nearly four-hour hearing Friday in Pittsburgh, Hornak ruled on the motion asking for the words “mean girls” to be stricken from court documents.

Hornak said unless it is demonstrable that the girls referred to themselves or were well known in the community by that moniker, it could not be legally used.

“It doesn't advance the ball,” Hornak said, adding the word “tormentors” was also discouraged.

Hornak heard other oral arguments from attorneys representing the defendants Friday. Following those discussions, Hornak asked Fishman if any hard evidence existed proving T.F. was treated differently because of his gender by either the county or the school district. He said that information, if it exists, could be both interesting and important, but was not included in the original complaint.

Hornak advised Fishman to consider amending the complaint, and only including the individuals or entities against which he felt he had sufficient evidence.

In granting the amendment opportunity, Hornak said Fishman has two weeks from receiving a transcript of Friday's hearing to create a draft that will then be sent to attorneys for all defendants included in the revised complaint.

Fishman must then arrange for a sit-down meeting with all involved attorneys and review the complaint to determine if sufficient evidence exists to proceed. He may then file the amendment with the court two weeks later, after which the defense has 30 days to respond.

Fishman said he would talk to the Floods about potentially dismissing some claims.

Read the rest of this story in Sunday's print edition of the Butler Eagle.

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