CHARLESTON — A federal lawsuit against top education officials alleging they tried to get a lobbyist fired has been settled and the lawsuit dismissed.
Jason Webb, a longtime lobbyist, alleged in the lawsuit that former State Superintendent Steven Paine called officials for ACT Inc., one of Webb's clients, several times in 2018 and 2019 and threatened to stop doing business with ACT if it did not fire Webb.
“It is our understanding that the recommendation to settle was made for reasons of economic efficiency and is not an admission of liability,” the department said in a statement, WV MetroNews reported. The department denied the claims Webb made.
Last month, Donald B. O'Dell of O'Dell Law | Mediation sent a letter to U.S. District Court Clerk Rory Perry stating that the parties had finally come to an agreement in the case.
"The parties negotiated openly and knowledgeably about the case," O'Dell said of the Sept. 18 mediation session. "I am pleased to report that, as a result of these mediation negotiations and follow-up communications and negotiations, a final settlement of all claims has now been reached."
"This case is about the abuse of power," the 2019 complaint states. "Top officials at the West Virginia Department of Education, Superintendent Steve Paine and assistant superintendent Jan Barth, have used their government power to threaten and intimidate a private citizen, Jason Webb, for exercising his First Amendment rights—specifically, for expressing his political views and advocating for a client and state vendor that Paine and Barth oppose."
Paine and Barth threatened ACT on multiple occasions, according to the suit.
Webb claims Paine and Barth's inappropriate and retaliatory actions violated Webb's First Amendment rights and constituted "tortious interference" with Webb's business relationship with ACT.
Webb was seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by J. Zak Ritchie and Michael B. Hissam of Hissam Forman Donovan Ritchie.
