KINGWOOD – The parents of a 5-year-old special needs student says he was physically abused by a teacher at school.
L.C., a minor, filed the lawsuit through parents Matthew and Sara Clark on October 10 in Preston Circuit Court against Betty Layne and the Preston County Board of Education. Layne is a special education teacher at West Preston School.
L.C. suffers from a severe speech delay. While he can say certain words and phrases, he cannot communicate like other children his age. At the beginning of this school year, he was a kindergarten student at West Preston. The complaint says he initially enjoyed going to school.
According to the complaint, his parents noticed marks August 30 on L.C.’s upper arms that were consistent with fingerprints. On September 4, they said the boy came home with scratches on his chest.
After these incidents, the parents say their son no longer enjoyed going to school and started exhibiting worsening behavioral issues.
On September 24, Matthew Clark was contacted and told to pick his son up from school because he was “having a rough time in class that day.” When he arrived in the school office, Matthew Clark says he saw injuries on L.C.’s right wrist. When he tried to get a better look, he says his son pulled his arm away and indicated his wrist hurt.
Kindergarten teacher Emily Bowmar said nothing happened in her class to cause the injuries, but she did say L.C. was acting up and was taken to Layne’s special education class.
Layne admitted to grabbing the boy’s wrist but said it was his left wrist, according to the complaint.
“During the discussion, L.C. was visible fearful of Layne,” the complaint states. “In particular, L.C. sunk back into the chair in which he was sitting, pulled his knees up toward his chest and then placed his arms around his legs – similar to the fetal position.”
When Layne approached L.C. to try to show how she had grabbed him earlier, the complaint says the boy was fearful. His father intervened and told Layne not to touch the child.
The next day, a physician from West Preston Primary Care found non-blanching petechial bruising on L.C.’s right wrist in a finger pattern consistent with bruising from abusive squeezing. L.C. was diagnosed with nonaccidental trauma.
The parents then asked to view video from the school. Hallway footage showed Layne entering the kindergarten classroom and then leaving it with her left hand wrapped around the boy’s right wrist.
“Layne escorted L.C. down the hallway while grasping his right wrist,” the complaint states. “L.C. was trying to free himself from Layne’s tight hold on his right wrist but was unable to do so. L.C. was visibly upset. At one point, L.C. fell to the floor.
“When L.C. fell to the floor, Layne did not stop walking. Instead, she continued walking and drug L.C. by his right wrist as he laid on the floor. Layne drug L.C. for several feet. Layne stopped and leaned down to L.C. as he lay on the floor. Layne then aggressively jerked L.C. up off the floor.
“Still having a right grip on his right wrist, Layne continued escorting L.C. down the hallway. L.C. continued to try to free himself from Layne’s tight hold on his right wrist.”
When they walked past another teaching in the hallway, the complaint says L.C. stopped trying to get from Layne. But as soon as they passed the teacher, it says L.C. resumed trying to get free.
“This suggests that Layne loosened her grip on L.C.’s right wrist when they encountered the teacher in the hallway,” the complaint states. “Layne took L.C. into her Special Needs Classroom. It remains unknown what, if anything, transpired in Layne’s Special Needs Classroom as that footage has not been viewed by Matthew or Sara Clark.”
The parents decided to transfer L.C. to Eastwood Elementary School in Monongalia County. He started there October 1. The night before he started at the new school, the parents say L.C. expressed fear about going back to school.
“In particular, L.C. said that he was scared of the monster, wanted to run away and expressed fear about his arm being grabbed at school,” the complaint states. “L.C. then began to cry.”
The complaint says L.C. has suffered and will continue to suffer physical, mental, psychological and emotional injuries and damages.
The plaintiffs accuse the defendants of negligence, violating the West Virginia Human Rights Act, battery and reckless infliction of emotional distress.
They seek joint and several compensatory damages, pre- and post-judgment interests, court costs, attorney fees and other relief. They also seek punitive damages from Layne.
The plaintiffs are being represented by Jared T. Moore of The Moore Law Firm in Morgantown.
Preston Circuit Court case number 24-C-115