CHARLESTON — The mother of a fourth child has filed a lawsuit against Kanawha County Board of Education alleging a special needs child was abused at Horace Mann Middle School.
Shawnette D’Arco filed the lawsuit on behalf of her child, identified only as B.D., against Walter Pannell, Lillian Branham, Anthony Wilson and the county board, according to a complaint filed Sept. 24 in Kanawha Circuit Court.
“This is not an isolated incident of abuse,” said Ben Salango, one of the attorneys representing D’Arco and the other parents who have filed similar lawsuits. “There are 110 documented instances of abuse over a 90-day period all captured on video.
Salango
“We must do all we can to protect our children. These kids were non-verbal special needs children. They were targeted because of their disabilities. They could not go home and tell their parents.
“For months, they endured the unspeakable and had no one to protect them. We must use all available.”
Another of her attorneys agreed.
“When is it going to stop?” Michael Cary told The West Virginia Record. “The Kanawha County Board of Education needs to step up and do what is right.
“We are talking about children whose parents have entrusted a school system to educate them. But, instead, they have been neglected, mistreated and abused. Our children deserve more.”
According to the complaint, B.D. is disabled and suffers from cerebral palsy. He is non-verbal and requires assistance with daily living activities. While he was a student at the school, he was enrolled in special education courses taught by Wilson, while Branham and Pannell were school aides.
The complaint says there is video footage of dozens of instances where the defendants abused B.D. and other special needs children or were seen repeatedly harassing, mocking, taunting or ridiculing B.D. and other students because of their disabilities.
“During the course of the school day, B.D. was rarely permitted to leave his bean bag or chair,” the complaint states. “When he did leave, he was physically and verbally abused and disciplined.”
Specifically, it says Pannell yelled in the boy’s face numerous times. It also says he was forcefully grabbed and jerked by his arms as well as jerked on and off of his chair and bean bag. It also says Pannell and Branham repeatedly taunted and harassed B.D.
The complaint accuses the defendants of disability harassment and discrimination, which is a violation of the West Virginia Human Rights Act, as well as negligence, civil assault and battery, a tort of outage as well as the board of negligent hiring, supervision and retention.
Pannell, Branham and Wilson were charged with battery in connection with alleged abuse in May.
D.Arco is seeking compensatory and punitive damages with pre- and post-judgment interest.
Two lawsuits were filed in May by Rosetta Ramsey and Vankisha Hill alleging abuse by the trio of school employees. They claimed their children, N.H. and T.R., were struck in the face, grabbed and dragged across the room and puhed down.
And a third such lawsuit was filed earlier this month by James and April Woods.
Last year, another lawsuit was filed against the middle school alleging a former teacher, Sara Sullivan, had an inappropriate relationship with a student. In that suit, the parents claim their son was emotionally, mentally and psychologically harmed. They say it caused severe and permanent emotional damage to them as well.
Ben and Kristina Salango of Salango Law and Cary of Cary Law Office are representing the plaintiff.
Kanawha Circuit Court case number: 21-C-839