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WEST VIRGINIA RECORD

Monday, April 29, 2024

Two more lawsuits accuse former special needs teacher of abusing students

State Court
Holzelem

CHARLESTON – Two more civil lawsuits have been filed against a former Kanawha County special needs teacher over her treatment of students.

Michael and Lorrie Scott, as parents of M.S., filed one complaint against Nancy Boggs and the Kanawha County Board of Education. Antonious Mehhail, as father of G.M., filed the other complaint against the same defendants. Both were filed April 12 in Kanawha Circuit Court.

That brings the total number of civil lawsuits against Boggs to six.


Salango

“The physical and emotional abuse endured by these children is appalling,” attorney Ben Salango told The West Virginia Record. “We are eager to get these cases before a Kanawha County jury and make sure the defendants are held accountable.”

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 was set for this month, but Circuit Judge Maryclaire Akers postponed it until this summer. 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.

In their complaint, the Scotts say M.S. was enrolled in the special education class taught by Boggs at Holz Elementary School. The boy is disabled and suffers from an intellectual disability. He requires assistance with education and daily living activities.

The parents say video footage shows instances of physical and verbal abuse by Boggs on the special needs children in her classroom. They say it shows Boggs threatening, ridiculing and taunting M.S. and the other students.

They say M.S. witnessed this physical and verbal abuse by Boggs and “was in constant fear” while in Boggs’ classroom.

In his complaint, Mekhail says G.M. also was enrolled in Boggs’ class at Holz. The girl is disable and suffers from global developmental delay as well as motion and physical delay. She also requires assistance with education and daily living activities.

Mekhail says the same about the video footage, and that G.M. also was in constant fear in Boggs’ classroom.

Both complaints accuse the defendants of unlawful disability harassment and discrimination in violation of the West Virginia Human Rights Act as well as negligence, tort of outrage and civil assault. Both also accuse the board of negligent hiring, supervision and retention.

The plaintiffs seek compensatory damages, pre- and post-judgment interest, attorney fees, court costs and other relief.

The plaintiffs in both cases are being represented by Ben Salango and Kristina Salango of Salango Law in Charleston.

The allegations in these complaints are similar to the other lawsuits filed in November and December against the school board and Boggs.

Kanawha Circuit Court case numbers 22-C-283 (Scott) and 22-C-284 (Mekhail)

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