Lawsuit alleges fired Archdiocese substitute teacher inappropriately touched Queen of Martyrs second grader

A south suburban family alleges that a substitute teacher recently fired by the Archdiocese of Chicago groomed their child and “inappropriately touched” him last month.

The accusations, detailed in a lawsuit filed in Cook County Jan. 28, add to the growing list of allegations against Brett J. Smith, a 43-year-old teacher and private tutor of Tinley Park. Smith was fired last month by the Archdiocese after church officials learned about Smith’s criminal history of charges and convictions related to abusing children.

The complaint comes from the family of a second grader at Queen of Martyrs, a Catholic school in south suburban Evergreen Park. The family also alleges church officials were aware of Smith’s past record of sexual abuse allegations and failed to alert parents that there was “credible evidence” he harmed other students. Smith, who was hired as a substitute teacher for the Archdiocese in 2024, was working at Queen of Martyrs when he was fired.

The suit names Smith, the Archdiocese of Chicago, Queen of Martyrs priest the Rev. Ritchie Ortiz-Juárez and the school’s now former principal Stephen Davidson as defendants.

Smith was also charged last week in Orland Park with aggravated criminal sexual abuse for allegedly abusing a 9-year-old boy during private tutoring sessions, according to Cook County prosecutors. A judge ordered him detained on Friday. He was also charged with battery in Evergreen Park, but it’s unclear if that charge is connected to the lawsuit from the Evergreen Park family.

A spokesperson for the Archdiocese said the church does not comment on ongoing litigation. On Saturday, Ortiz and Greg Richmond, superintendent of Schools for the Archdiocese of Chicago, announced an interim principal was appointed at Queen of Martyrs, but did not explain why Davidson was no longer principal or when he left the job.

Steve Greenberg, an attorney representing Smith, told the Sun-Times that the lawsuit “looks like a shakedown of the archdiocese.” He did not comment further on the allegations Smith faces.

The family’s attorney did not immediately respond to requests for comment.

The lawsuit claims Smith “immediately” began grooming the second grader when he was hired to work at Queen of Martyrs. He allegedly inappropriately touched the child and forced body contact, according to the lawsuit.

The alleged incidents happened within a brief time period between Jan. 12 and 15.

Last week’s charges and lawsuit are only the latest in a lengthy criminal record for Smith. Despite that, the Archdiocese said he passed a background check and fingerprint check in 2024, which baffled legal experts.

Smith has been accused of assaulting children and using several different names to hide his past. In 2019, he legally changed his name to Brett Smith from Brett Zagorac when he moved to Arizona.

Smith was last convicted of a crime in Cook County in 2017. Smith, then Zagorac, was charged for criminal sexual assault of a minor and grooming after a Wilmette family alleged he molested their 9-year-old. He pleaded guilty to a misdemeanor battery conviction and served 18 months of probation, according to Cook County prosecutors.

Smith was also charged in 2010 with felony child molestation in Porter County, Indiana, according to the Cook County state’s attorney’s office. He was released on bond under the condition that he not have contact with children. Eight months later, Evanston police arrested him on a battery charge involving a 7-year-old girl he was tutoring. That arrest violated his bond in Indiana and he was ultimately found guilty for battery and was sentenced to 180 days jail in Porter County, according to Cook County prosecutors.

In 2005, Smith was convicted for battery in DuPage County after he was arrested on 13 counts of criminal sexual abuse involving 13 different children from multiple elementary schools in Naperville, according to prosecutors. He served 20 days in jail and two years probation.

After moving to Arizona and changing his name, Smith was arrested in 2021 for felony fraudulent scheme and forgery after he applied for a fingerprint card. That was reduced to a misdemeanor conviction for forgery.