BECKLEY – A former Shady Spring High School student has sued the Raleigh County Board of Education after he was injured by another student at the school.
Cody Stapleton and father Marcus Stapleton filed the complaint in Raleigh Circuit Court against the school board, the student identified as C.M. and C.M.’s guardians.
According to the complaint, Cody Stapleton was sitting in Robert Jarrell’s class in February 2018 when he was attacked from behind by C.M. while Jarrell watched.
“Jarrell was present in the classroom, observed the attack upon the plaintiff and failed to control the student, C.M., in the classroom even after it was obvious that the student’s intentions were to inflict injury upon the plaintiff,” the complaint states. “Mr. Jarrell … did not take any measures to stop the plaintiff from being repeatedly battered.”
Stapleton says another student filmed the incident and that the defendants did not take measures to prevent the attack from being filmed and shared among other students.
Cody Stapleton says C.M. had bullied him since the beginning of the school year, and he says he told Principal Deanna Massey earlier that day he had been threatened by C.M. Also, Marcus Stapleton says he told Vice Principal Mary Ann Foster his son was being threatened and bullied by C.M. Marcus Stapleton says he also told Massey about the video of the fight after the incident, but she refused to watch it.
The plaintiffs accuse the school board of negligence as well as negligent and reckless supervision and training. They accuse C.M. of battery.
They seek compensatory damages for Cody Stapleton’s injuries to his head, neck, face, ear and nose as well as abrasions and contusions. They also seek damages for unnecessary pain and suffering, emotional distress, mental anguish, embarrassment, humiliation, medical bills and expenses, loss of enjoyment of life, interference with a proper public education and other injuries and damages that might not yet be discovered. They also seek punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
The plaintiffs are being represented by Matthew A. Bradford, Kyle G. Lusk and Brandon J. Gray of Lusk & Bradford in Beckley. The case has been assigned to Circuit Judge Darl Poling.
Raleigh Circuit Court case number 20-C-45