BLUEFIELD – The parents of a special needs student claim school personnel repeatedly struck, moved and restrained their daughter without justification.
G.K. (now H.B.) by her parents Aaron and Krysten Bowman originally filed their complaint in Mercer Circuit Court against the Mercer County Board of Education, guidance counselor Elizabeth Ann Looney, school nurse, Candy Fulp, classroom aide Kimberly Reece, teacher Carolyn Blevins and physical therapist Renee Green. The defendants removed the case to federal court November 24.
According to the complaint, the girl was enrolled as a special needs student at Bluefield Primary School. She has a history of profound intellectual and developmental disabilities in part because of a traumatic brain injury.
The complaint says the individual defendants physically moved and forcefully restrained the girl through the use of physical force on several occasions from September 2023 to January 2024. The complaint also says these individuals lacked proper training to safely and properly restrain a special needs child.
“the individual defendants intentionally and unlawfully made harmful or offensive contact … including but not limited to grabbing, striking, physically moving or restraining without justification,” the complaint states. “Blevins further made derogatory statements to (the girl).”
The complaint also says the girl was dragged out of a classroom by school staff, resulting in injuries as a result of the force used against her.
The parents say the instances of abuse and harassment were reported to school administrators and requests were made for a crisis response team to be certified.
They say their daughter suffered physical injuries, including abrasions, bruises and pain as well as emotional and mental trauma, including fear, regression and anxiety. They also say she suffered a loss of educational opportunity and a diminished enjoyment of life.
The plaintiffs accuse the individual defendants of battery, and they accuse the school board of negligence as well as negligent and reckless supervision, training and retention. They accuse all defendants of violating the girl’s Fourteenth Amendment rights and of violating the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
They seek compensatory damages including medical expenses, general damages, incidental damages, consequential damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The plaintiffs are being represented by Matthew A. Bradford and Brandon L. Gray of Bradford & Gray in Beckley. The defendants are being represented by Chip Williams, Jarod C. Underwood and Thad A. Bowyer of Pullin Fowler Flanagan Brown & Poe in Charleston.
U.S. District Court for the Southern District of West Virginia case number 1:25-cv-693 (Mercer Circuit Court case number 25-C-282)
