CHARLESTON — The West Virginia Higher Education Policy Commission wants several counts in a lawsuit alleging violations of the state's wiretapping law to be dismissed.
The commission wants three of the five counts dismissed and denied the claims in the other two, according to an answer filed in February in Kanawha Circuit Court.
"Plaintiff failed to mitigate her damages, the existence of which are expressly denied," the answer states. "This Defendant is immune to an award of damages and/or attorney's fees in excess of the liability limit of the State's insurance policy."
The commission argues it acted reasonably and in good faith and the plaintiff is barred from recovery in the complaint.
Sheree N. Bryant filed the lawsuit against the commission and unknown, unnamed individuals alleging cameras were installed in the building in which she worked and recorded her without her knowledge or consent.
Bryant claims the defendants installed or allowed the video cameras to record the sound of employees other than herself without their knowledge or consent from the time of the installation until at least shortly before the filing of the complaint.
"Upon information and belief, defendants failed to implement and enforce proper policies to safeguard, protect and maintain the privacy of plaintiff Bryant and the putative class members in accordance with the West Virginia Wiretapping and Electronic Surveillance Act and West Virginia common law," the complaint states.
Bryant claims she filed an administrative grievance on Aug. 25, 2022, stating that she was no longer comfortable being in physical proximity to her supervisor, Dr. Randall Brumfield, and in the course of seeking evidence to support her grievance she requested copies of video surveillance documenting the interaction and discovered the videos also contained sound.
"Until she received the video captures ... Ms. Bryant was unaware, nor did she have any reason to expect that Defendants' video surveillance was intercepting her conversations or voice," the complaint states.
Bryant is seeking compensatory and punitive damages. She is represented by Hoyt Glazer, Abraham J. Saad and Eric B. Anderson of Glazer Saad Anderson in Huntington.
The commission is represented by Tamara J. DeFazio of MacCorkle Lavender in Charleston.
Kanawha Circuit Court case number: 22-C-888
