PINEVILLE – The parents of a young Wyoming County autistic student say their son’s teachers mistreated him, including physical abuse and leaving him in the restroom unattended to “scream it out.”
M.S., by his parents Derek and Ashley Stewart of Clear Fork, filed the complaint in Wyoming Circuit Court against the Wyoming County Board of Education, Dr. Robert Lyons, Sherry A. Morgan and Lillian K. Plumley.
According to the complaint, M.S. was a special needs student at Berlin McKinney Elementary School in Oceana. He started attending the school when he was 5 years old. He currently is 7.
He was 5 in April 2019 when the complaint says Plumley, a teacher, put M.S. in the boys bathroom unattended on multiple occasions to “scream it out” as a form of punishment for misbehavior associated with various stimulus, situations known as likely to occur as a result of his autism.
A month later, M.S. allegedly was grabbed by his arms and held him in a chair against his will by Morgan, another teacher.
The plaintiffs say the school board, Lyons (the school’s principal) and the two teachers breached their duties and were negligent, leading to physical and emotional injuries sustained by M.S.
They say the boy’s schooling has been hindered and impaired, and he has been forced to miss part of his education because of the injuries. The parents transferred the boy to Glen Fork Elementary School, which is about 8 miles away.
The plaintiffs accuse the defendants of negligence, negligent hiring and supervision as well as negligent infliction of emotional distress. They seek compensatory damages for pain, suffering, emotional distress, mental anguish, loss of enjoyment of life and impairment of earning capacity. They also seek consequential and other derivative damages, past and future mental anguish damages, past and future medical expenses, annoyance, inconvenience, pre- and post-judgment interests, court costs, attorney fees and other relief.
The plaintiffs are being represented by Ashley N. Lynch and Guy R. Bucci of Hendrickson & Long in Charleston. The case has been assigned to Circuit Judge Warren McGraw.
Wyoming Circuit Court case number 20-C-74
