CHARLESTON — A Cross Lanes daycare center denies allegations in two lawsuits concerning physical and verbal abuse of infants and has filed a counterclaim against one of the parents for alleged defamation on social media.
The parents named in the counterclaim also deny those allegations.
Amy Williams, Jacklyn Williams and Dreamland Development LLC, doing business as Cross Lanes Childcare and Learning Center were named as defendants in two lawsuits filed in June in Kanawha Circuit Court by parents of children enrolled in the two-year-old classroom taught by Jacklyn Williams, who is accused of abusing the infants. Amy Williams is the director of the daycare.
Hagedorn
On July 28, Amy Williams and the daycare filed an answer denying the allegations and ask the court to deny relief and dismiss the case with prejudice.
Also, Amy Williams and the daycare filed a counterclaim against Sierra Brothers and LaKeisha Brothers regarding “various public Facebook posts that contain defamatory statements.” The Brothers are the parents of G.B., one of the infants allegedly abused by Jacklyn Williams.
“The Facebook posts contain a mix of opinions and facts,” the counterclaim states, also denying Sierra Brothers’ claim that the defendants “tried to keep this amongst themselves because it would protect their family member.”
The counterclaim also denies LaKeisha Brothers’ claim that Amy Williams failed to respond “over and over” to questions about staff members having to report incidents to the state Department of Health and Human Resources. It also says Sierra Williams made defamatory statements to the media.
It seeks compensatory, incidental, consequential and punitive damages as well as equitable relief, pre- and post-judgment interest, court costs, attorney fees, injunctive and other relief.
On August 10, the Brothers’ answered the counterclaim, denying the allegations and reserve the right to amend their complaint to asset a claim for malicious prosecution.
“Truth is an absolute defense to the instant counterclaim and the baseless allegations contained therein,” the answer states. “Jacklyn Williams, an employee of the counterclaimant, was arrested and charged with battery of two children.”
A copy of the criminal complaint against Jacklyn Williams is attached to the Brothers’ answer.
“I’ve seen this type of conduct before,” attorney Ben Salango, who is one of the attorneys representing the plaintiffs, told The West Virginia Record. “This same law firm (Bowles Rice) filed a counterclaim against Amber Pack in Berkeley County after she filed suit when her autistic daughter was verbally abuse in school. That counterclaim was dismissed, and I am confident this counterclaim will be dismissed as well.”
One of the mothers said she won’t back down.
“Intimidation tactics and a frivolous counterclaim lawsuit won’t stop me from standing up for my child,” Sierra Brothers said in a statement to The Record. “Like any parent whose child was the victim of abuse, I will fight until the end.
Attempts to silence me, threaten me and scare me simply won’t work. As a mom, I will stand up and fight for my child.”
Jennifer B. Hagedorn, an attorney for the daycare, did not return messages seeking comment.
In the original complaints, G.B. and H.M. are identified as the children enrolled in the two-year-old classroom taught by Jacklyn Williams.
H.M.'s parents, Craig Mosteller and Tawnya Mosteller, claim on May 14, a former employee of the daycare and Jacklyn Williams recorded audio footage from inside the classroom of the daycare teachers screaming at the infant children and Jacklyn Williams forcefully pulling H.M.'s hair using another child's hand.
G.B.'s parents, Sierra Brothers and LaKeisha Brothers, claim Sierra Brothers received a phone call on May 27 from an investigator with the state Department of Health and Human Resources (DHHR) who said G.B. may have been abused.
Elise Hill, a former Cross Lanes employee, had reported to the DHHR the alleged abuse by Jacklyn Williams.
On May 14, Aliehs Pitt, another former Cross Lanes employee, had videoed Jacklyn Williams verbally abusing G.B. by pushing him to the ground and forcefully grabbing his neck and face and screaming at him.
“Every parent has the right to expect that when they take their child to day care they are going to be treated with love and kindness," attorney Michael Cary with Cary Law Offices told The Record when the complaints originally were filed. "They believe they have chosen a place that is safe warm and nurturing.
“Tragically, this was not the case for my client. Her child was choked around the face and neck”
The complaint states when Amy Williams discovered the video evidence of Jacklyn Williams' abuse, she called a staff meeting and threatened to terminate anyone who did not delete the video footage and threatened Pitt.
It says Amy Williams failed to follow West Virginia code by condoning an environment in which there was repeated abuse of minors, according to the suits.
The complaint says Hill had reported Jacklyn Williams' abuse at least 40 times to Amy Williams and others above her at Cross Lanes Childcare and Learning Center and Amy Williams failed to do anything about it, according to the suits.
The plaintiffs say the defendants were negligent and caused emotional distress to the infants and their families.
The plaintiffs are seeking compensatory and punitive damages.
The plaintiffs are represented by Cary and Ben Salango and Kristina Salango of Salango Law in Charleston. The defendants are being represented by Hagedorn, J. Mark Adkins and Lindsay M. Gainer of Bowles Rice in Charleston.
Kanawha Circuit Court case numbers: 21-C-522 and 21-C-523