CHARLESTON – The mother of a St. Albans High School student says a tutor sent sexually explicit photos to her son.
Nora Shanklin, on behalf of her minor son J.S., filed her complaint March 15 in Kanawha Circuit Court against the Kanawha County Board of Education and Daina Berry. Berry is employed by the KCBOE as a teacher and was providing tutoring services to the minor, who is a senior at SAHS.
According to the complaint, J.S. was scheduled to have a tutoring session with Berry at 11 a.m. on November 18, 2023, at the St. Albans Public Library.
Michael Cary
| Courtesy photo
“At 9:42 a.m., defendant Berry wanted to have sexual intercourse with the minor J.S. and sent two explicit and illegal photographs to the minor child of her naked vagina and stated: ‘Quickie today – less than 5 minutes,’” the complaint states. “Only after defendant Berry realized that the minor child did not attend the tutoring session at 11 a.m. does she then send a text to apologize for her actions by simply saying: ‘I am so sorry.’”
The complaint says Berry breached a duty of care to J.S. by grooming him to participate in sexual intercourse before the tutoring session. It also says the plaintiffs suffered permanent psychological injuries and past and future damages including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame and inconvenience.
“Cary Law Office will always stand up and fight for those that cannot defend themselves,” attorney Michael Cary told The West Virginia Record. “We will continue to be the voice of the voiceless and bring justic to all.”
The plaintiffs accuse the defendants of negligence and negligent infliction of emotional distress. The school board is accused of negligent hiring, supervision and retention.
The plaintiffs seek compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
They are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-352