BRETT SMITH SEXUAL ABUSE LAWSUITS

LK Investigating Sex Crime Cases involving Brett Smith

Learn more about the legal claims involving the alleged child sexual abuse by Brett Smith, formerly Brett Zagorac, at Chicago and suburban Catholic schools.

Levy Konigsberg is investigating several claims of misconduct involving Brett Smith, a former substitute teacher and private tutor who used multiple aliases to gain access to children. Smith, who legally changed his name from Brett Zagorac in 2019, was active in various educational settings across Illinois. He used several aliases to conceal his criminal history. During the 2024-25 school year, he worked as a long-term substitute at St. Walter-St. Benedict School in Chicago and Blue Island. At the start of the 2025-26 school year, he was assigned to Pope John Paul II School in Chicago through a third-party vendor assigned to the school. Most recently, in January 2026, he served as a substitute teacher at Queen of Martyrs School in Evergreen Park. Beyond classroom settings, Smith also operated as a private tutor for families in the south suburbs. These legal actions address a documented history of predatory behavior and the systemic failures that allowed a known offender to maintain a position of trust near children for over a year.

The Archdiocese of Chicago oversees background checks and employment screening for Catholic schools in the region. The Archdiocese of Chicago’s role in background checks and oversight has come under scrutiny, as a comprehensive criminal history check—including fingerprint verification and review by the Illinois State Police—should have revealed Smith’s prior convictions. The importance of a thorough criminal history check is critical to ensure child safety, and failures in this process have left the Archdiocese of Chicago and local communities deeply concerned about the allegations and the effectiveness of their vetting procedures.

Legal actions are being pursued to hold those responsible for these oversight failures accountable. Families of children who attended schools such as St. Walter-St. Benedict, Pope John Paul II, or Queen of Martyrs may be eligible to join these lawsuits to seek justice for the lack of protection provided to their students. Furthermore, the litigation explores the degree to which institutional negligence allowed Smith to move between different schools despite his extensive record in multiple states. By filing a sexual abuse lawsuit, survivors and their families can pursue compensation for emotional distress, medical expenses, and the long-term psychological impact of these events. Our legal team is committed to uncovering how these security breaches occurred and ensuring such a tragedy does not happen again within the Illinois school system.

If you or a loved one was harmed, contact us today.

Brett Smith History of Sexual Abuse

Here are some details of the allegations against Brett Smith/Brett Zagorac:

• In January 2026, Brett J. Smith was arrested in Orland Park for allegedly abusing a 9-year-old boy during private tutoring sessions.

Despite allegations and convictions dating back over 20 years across Illinois, Indiana, and Arizona, he had worked at four Catholic schools in the South Side and south suburbs since 2024.

In April 2021, an Arizona grand jury indicted Smith on several fraud and forgery charges. He was accused of legally changing his name from Zagorac to Smith to hide his criminal past and misrepresenting his background to gain access to children. In 2022, he pleaded guilty to felony forgery. During his time in Arizona, seven families came forward to accuse him of abusing children during tutoring sessions in 2020.

In October 2015, Smith—then using his former name, Brett Zagorac—was charged in Cook County with felony criminal sexual assault and grooming. He was accused of molesting a 9-year-old child he was tutoring in Wilmette. He later pleaded guilty to a misdemeanor charge in 2017. Around the same time, a Chicago family reported that Smith allegedly molested their 7-year-old child while working as a tutor.

His criminal record also includes misdemeanor battery convictions in DuPage County in 2005, Indiana in 2009, and Cook County in 2010. These cases involved similar allegations of inappropriate physical contact with children. 

• In January 2005, he was arrested for felony child molesting after he allegedly touched a boy’s genitals during class. 

Further arrests involving child sex abuse allegations were recorded in 2010, 2011, 2015, and 2016.

In January 2020, the Arizona Department of Public Safety petitioned to block his fingerprint clearance card, describing him as a substantial risk to children who had been arrested ten times for inappropriately touching minors. 

He allegedly used fake names to obtain tutoring and nanny jobs. Some aliases Smith has been identified with include:

• Brett Zagorac
• Brett Smith/ Brett James Smith
• B.J. Smith 
• BJ S. McAuliffe
• B.J. Wilhelm
• B.J. Welhelm 
• B.J. Zagor
• B.J. Zagorac
• B.J. Zagr
• “B.J. the Educator”
• “Mr. Z”

Do I Have a Case?

You may have grounds to file a civil legal action if:

• You were sexually abused by a teacher or staff at a school.
• The abuse occurred at any school.

Levy Konigsberg represents survivors in civil lawsuits that aim to hold schools accountable for their failures to stop abusive teachers and staff.

As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:

• Your abuser is no longer alive.
• Your abuser was never charged with or convicted of a crime.

Recoverable Damages in Sexual Abuse Claims

In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:

• Past medical and mental health expenses
• Future mental health expenses, including therapy, medications, etc.
• Pain and suffering
• Emotional anguish and psychological harm
• Lost income
• Other economic and non-economic damages

Illinois Sexual Abuse Attorneys

Sexual abuse lawsuits, like other claims brought by plaintiffs who seek damages for injuries, are subject to a legal deadline known as the statute of limitations. When the statute of limitations expires, victims will not be able to file a claim or recover compensation.

Determining the statute of limitations in your claim can be challenging, as there are many factors to consider. In Illinois, the statute of limitations for civil sexual abuse claims brought by victims who were abused as minors is generally as follows:

• Claims brought by survivors of childhood sexual abuse (abuse that occurred when the victim was under 18 years of age) may be commenced at any time for victims who were born on or after July 24, 1983.

Determining the statute of limitations that applies to your sexual abuse case against an Illinois school or Illinois Catholic school can be challenging, which is why it is best to bring your matter to the attention of an experienced lawyer.

We are committed to protecting the most vulnerable members of our society and seeking justice for survivors of sexual abuse in schools. Our experienced team is dedicated to providing legal representation and support to survivors, and we are actively investigating allegations of abuse. We are working tirelessly to ensure that survivors have access to justice and that future generations of young people are safe from harm within these institutions.