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Sunday, April 28, 2024

Wayne Co. superintendent doesn't have to turn over entire personnel file in bus garage theft civil suit

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HUNTINGTON – Wayne County’s school superintendent must provide some documents from his personnel file in a federal lawsuit accusing him and others of violating two employees’ constitutional rights.

In June, Katrina Reeves filed a lawsuit in U.S. District Court alleging the defendants – Wayne County Board of Education, Wayne County, the Wayne County Commission, Superintendent Todd Alexander, Sheriff Rick Thompson, Deputy Harry Sowards and County Bus Garage Inventory Control Supervisor Howard Meddings – violated her rights and conspired against her.

In August, an amended complaint was filed adding her husband James Lee Reeves as a plaintiff. James Reeves worked at the bus garage as Director of Service. Katrina Reeves was a bus driver for more than 15 years.


Alexander

Since then, each of the defendants have filed motions to dismiss the case. But Alexander also filed a protective order in October saying some items in his confidential personnel file should be viewed as irrelevant to the case.

Last month, U.S. Magistrate Judge Cheryl A. Eifert granted part of Alexander’s motion to protect documents that “have no bearing on his history of making employment decisions or his compliance with BOE personnel policies.” She denied part of his motion related to decisions to discipline or terminate employees, reports or complaints alleging Alexander’s misconduct, discrimination or failure to follow board policies when disciplining, supervising or terminating employees as well as adverse actions taken against Alexander by the board.

Both Katrina and James Reeves were arrested in February on embezzlement charges related to theft allegations at the Wayne County Board of Education bus garage. Conspiracy to embezzle charges against them later were dismissed, but probable cause was found for embezzlement charges against James Reeves.

That still is pending, but he claims the defendants are conspiring to delay the prosecution of the remaining charges against him to harm him and his wife financially, cause emotional distress and interfere with this civil action. The Wayne County Prosecuting Attorney’s office still has not presented James Reeves’ matter to the grand jury.

During the break-in investigation, authorities say they found more than 700 items owned by the school board valuing more than $15,000 at the Reeves’ home. Former school board Transportation Director David “Eugene” Sammons also was charged for giving false information to authorities.

In the original complaint, Katrina Reeves said the defendants “recklessly” accused her on “groundless, unsupported” claims of engaging in criminal conspiracy. Those actions led to her being fired by the school board after 14 years as a bus driver. She also says the board conspired against her and her husband because she had sought medical treatment under the Family Medical Leave Act.

In the amended complaint, James Reeves says Meddings wanted his job and told several school board employees “that he would do whatever necessary to take Mr. Reeves’ job.” He also says Meddings leveled accusations of harassment against Reeves and encouraged others to do the same.

James Reeves began working at the bus garage in 2002. Katrina Reeves started working as a bus driver in 2004, becoming full-time in 2010. The complaint says James Reeves often purchased property previously used by the school board in auctions and also took home discarded parts the board had abandoned or disposed.

In October 2019, an alleged break-in occurred at the school board’s bus garage where her husband worked. The plaintiffs say this took place a few months after James Reeves was hired as Director of Services over Meddings. The Reeves say the defendants investigated the incident for months.

“At no time during the defendants’ investigation of the alleged break-in of the bus garage did the defendants ever have any inventory list of any missing items from the garage, much less any evidence that any items themselves were actually missing or taken during the alleged break-in,” the complaint states.

The Reeves also allege Meddings and Sowards were friends, often spending time together and taking trips with their families. Sowards took the lead in the investigation.

The plaintiffs also claim Sowards pressured at least one school board employee to implicate James Reeves in the break-in. When that employee refused to do so, the Reeves claim Sowards returned with two Wayne County drug task force officers to threaten the employee if he didn’t cooperate.

On November 6, 2019, the board and Alexander placed Katrina Reeves on indefinite paid suspension based on allegations of criminal activity. Before and after being suspended, Reeves and her attorneys met with Alexander and vehemently denied any involvement.

Later in November, Sowards allegedly showed up at the bus garage with James Reeves’ cell phone and showed Meddings and others videos and pictures on it. Sowards claimed Reeves had documented employees not doing their jobs, and the Reeves allege Sowards and Meddings then used that claim to incite other employees to write statements saying Reeves had stolen items.

James Reeves then was suspended by the school board.

About two weeks later, Katrina Reeves’ suspension was lifted and she was returned to full-time paid employment. She says the suspension has caused her severe emotional trauma requiring her to seek medical attention.

Then, on December 9, 2019, Katrina Reeves says Sowards received information from a former school board employee that she had been transporting board property on her bus for several years. She says Meddings alleged she also was involved with the alleged missing property. She was not removed from her job then.

On December 23, Katrina Reeves told Alexander and the school board she needed to take a FMLA leave for a serious health condition. That request was approved for intermittent FMLA leave from October 1, 2019, to June 30.

But on February 6, deputies arrested James and Katrina Reeves on charges of conspiracy to embezzle. Based on those criminal charges, they were fired from their jobs. Those charges were dismissed June 4 during a magistrate court hearing when Sowards testified that he had no inventory of items allegedly taken from the garage.

The Reeves accuse the county, the county commission and Sowards of violating their First, Fourth and Fourteenth Amendment rights; all defendants of conspiracy to violate their civil rights, defamation, intentional infliction of emotional distress and invasion of privacy/false light; the county, the county commission, Thompson and Sowards of abuse of process and malicious prosecution; and the school board and Alexander of discrimination/retaliation and interference with Katrina Reeves’ rights under FMLA.

They say they were prosecuted to intimidate, embarrass and harm their reputation and credibility and to prevent them from keeping their jobs. They also say they have suffered anxiety and emotional stress as well as other damages.

The Reeves seek compensatory damages for lost wages (front and back pay), lost compensation and benefits, cost of medical treatment, liquidated damages recoverable under FMLA, general and compensatory damages for annoyance, inconvenience, embarrassment, anxiety, humiliation and other emotional harm, punitive damages, attorney fees, court costs, pre- and post-judgment interest and other relief.

The plaintiffs are being represented by Hoyt Glazer of the Law Office of Hoyt Glazer in Huntington as well as Abe Saad of Saad Dixon Law Offices in Huntington. The school board and Alexander are being represented by J. Ben Shepard, Michael Farrell and Bernard Vallejos of Farrell White & Legg in Huntington. The county, the county commission, Thompson and Sowards are being represented by Wendy Greve of Pullin Fowler Flanagan Brown & Poe in Charleston. Meddings is being represented by David Rich, Eric Salyers and Perry Oxley of Oxley Rich Sammons in Huntington.

The case has been assigned to District Judge Chuck Chambers.

U.S. District Court for the Southern District of West Virginia case number 3:20-cv-00423

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