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Amanda Shrewsbury v. Mercer County Board of Education
Amanda Shrewsbury v. Mercer County Board of Education
Amanda Shrewsbury v. Mercer County Board of Education
AMANDA SHREWSBURY,
Plaintiff,
Defendants.
COMPLAINT
Now comes the Plaintiff, Amanda Shrewsbury, by counsel, JB Akers and Akers
County BOE”) was a political subdivision doing business in Mercer County, West
Virginia. The Court therefore has personal jurisdiction over this Defendant.
of and/or worked in Mercer County, West Virginia. The Court therefore has personal
and/or worked in Mercer County, West Virginia. The Court therefore has personal
of and/or worked in Mercer County, West Virginia. The Court therefore has personal
6. At all relevant times the individual Defendants, Belcher, Hayes and Akers,
were employed by Defendant Mercer County BOE. Defendant Mercer County BOE is
therefore liable for the individual Defendants’ misconduct, described more fully herein,
7. The events giving rise to this cause of action occurred in and about Mercer
8. The Plaintiff’s claims, more fully described below, arise from certain West
Virginia statutory, common law and regulatory causes of action. The Court therefore has
9. The Plaintiff’s claims, described more fully below, may include, but are
not limited to, those allowed by West Virginia Code § 29-12A-4(c)(2) and/or (4).
10. The Plaintiff’s claims against Defendants Belcher, Hayes and Akers may
include, but are not limited to, those allowed by West Virginia Code § 29-12A-5(b)(2)
and/or (3).
11. The Plaintiff’s claims also fall outside of the limitations of West Virginia
Code § 29-12A-1 et seq. since some of the relief sought revolves around her conditions of
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Defendant Hayes was and is the principal of Cumberland Heights. Defendant Akers was
14. Sometime prior to Thanksgiving 2018 Plaintiff made her first verbal and
between around Thanksgiving 2018 and early January 2019. Plaintiff eventually notified
15. In early January 2019 Defendant Belcher physically and without consent
grabbed Plaintiff twice during a lunch period after Plaintiff attempted to protect students
from Defendant Belcher. Plaintiff notified Defendant Hayes. He told Plaintiff not to
contact police because law enforcement would ban her or Defendant Belcher from the
school and Defendant Hayes would make sure that person was the Plaintiff.
the Plaintiff while she was in Defendant Hayes’ office. At some point during that
interview that employee asked the Plaintiff if any students in her classroom had been
subjected to abusive and/or neglectful behavior. In the presence of Defendant Hayes the
Plaintiff answered “yes.” Defendant Hayes then asked his secretary to provide him with
an evaluation form in which he gave the Plaintiff a negative review. Defendant Hayes
told the Plaintiff that Defendant Akers did not want the Plaintiff to accept any more
MCBOE positions.
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17. On January 11, 2019 Defendant Hayes threatened Plaintiff’s employment
if she cooperated with CPS and police regarding their potential investigation of
Defendant Belcher’s mistreatment of students. By that time Plaintiff had made dozens of
well as other MCBOE personnel. Plaintiff was told by Defendant Hayes later that day
that her services were no longer needed at his school since her job had been offered to
and accepted by another MCBOE employee. She thereafter lost her teaching aide
position that was supposed to last the remainder of the school year.
19. During the course of the Plaintiff’s employment she reported acts of
20. Defendants Mercer County BOE, Hayes and Akers violated the public
policy of the State of West Virginia by threatening her and eventually terminating her
23. After the Plaintiff reported the illegal actions of Defendant Belcher her
position was terminated by Defendants Hayes, Akers and/or Mercer County BOE. The
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Defendants illegally retaliated against the Plaintiff and violated the public policy of this
26. The previously alleged conduct of the Defendants was of such a nature so
29. The previously alleged conduct of the Defendants was of such a serious
30. As a result of the Defendants’ wrongful conduct, jointly and severally, the
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32. At all relevant times the Defendants, jointly and severally, had a duty to
employee. The Defendants breached their duty to use reasonable care, including but not
limited to the civil assault and battery inflicted upon Plaintiff along with the Defendants
33. As a result of the Defendants’ negligent acts, jointly and severally, the
35. At all relevant times the Defendants, jointly and severally, acted willfully,
38. At all relevant times Defendants Hayes, Akers and Mercer County BOE
had a duty to supervise the relevant Defendants under their chain of command in this
matter. The Defendants failed to uphold their duty of supervision along with negligently
suffered damages.
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WHEREFORE, the Plaintiff demands judgment against the Defendants, jointly
and severally, in such sums as will fairly and fully compensate her for the damages she
sustained as a result of the Defendants’ illegal conduct, together with pre-judgment and
post-judgment interest, attorney’s fees, costs of the proceeding, punitive damages and any
AMANDA SHREWSBURY,
By Counsel
______________________________________
JB Akers, Esq. (WVSB #8083)
Akers Law Offices, PLLC
128 Capitol Street
P.O. Box 11206
Charleston, WV 25339
(304) 720-1422
(304) 720-6956 (Facsimile)