SUED:

02/26/1998 at 12:00 AM EST

Student Brian Parillo, by math teacher Gary Phillips, in Liverpool NY, because Parillo was allegedly smoking in the school's men's room. Philips says Parillo's smoking caused the teacher's sore throat, headache, watery eyes and congestion. He is seeking $57 for an office visit to a doctor and allergy medication. Brian's mother says it isn't fair.