CHARLESTON – The parents of a Kanawha County student with special needs has filed a civil lawsuit against their son’s former teacher claiming she physically and emotionally abused the boy.
Craig and Beth Bowden filed their complaint November 9 in Kanawha Circuit Court against Nancy Boggs and the Kanawha County Board of Education. The complaint and criminal charges say Boggs abused other special needs students as well.
“The physical and emotional abuse depicted in the video surveillance footage is appalling and heart wrenching,” attorney Ben Salango told The West Virginia Record. “The parents of these children are demanding answers and accountability.”
Boggs
On November 18, Boggs was charged with 23 counts of battery and one count of verbal abuse of a non-communicative child. She was arraigned on the misdemeanor charges, and a trial date is set for April 4. The judge set a $100,000 bond.
Boggs, 66, has been under investigation since September when a student reported an incident to a school employee who reported it to administration. She resigned from her position November 1.
The Bowden’s son is Trenton, a nine-year-old who has Pachygyria, Schizencephaly and Cerebral Palsy. He requires assistance with education and daily living activities. The parents say they transferred Trenton to Holz Elementary specifically so he could be in Boggs’ classroom.
According to the complaint, Trenton Bowden was subjected to physical and verbal abuse by Boggs, who they say slapped Trenton in the chest for not answering questions correctly.
“When (Trenton) continued to answer questions incorrectly, defendant Boggs grabbed (him) by the neck, turned his head toward hers and slapped (him) in the face,” the complaint states. “(Trenton) cried out, ‘I want my daddy,’ to which defendant Boggs replied, ‘Your daddy’s not coming. He’s not going to help you.’”
Video footage of the classroom revealed other instances of physical and verbal abuse by Boggs toward Trenton and other special needs students on that day. The video also shows Boggs threatening, ridiculing and taunting Trenton and other students for their disabilities.
As Trenton continued to cry, the video footage shows Boggs mocking him and calling him a baby. Boggs then threatened to put Trenton in “time out” like another student who had been placed there for at least two hours.
In addition, the Bowdens say the school system did not comply with Trenton’s individualized education plan and failed to provide him with a full-time aide.
In an interview with WCHS-TV, the Bowdens also say the video shows Boggs slamming a child’s head on a desk.
The Bowdens accuse the defendants of unlawful disability harassment and discrimination in violation of the state Human Rights Act; negligent hiring, supervision and retention; negligence, tort of outrage; and civil assault and battery.
They seek compensatory damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
The Bowdens are being represented by Ben Salango and Kristina Salango of Salango Law in Charleston. The civil case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 21-C-993
