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Randolph BOE named in 13 lawsuits

Parents sue over alleged mistreatment of children

ELKINS — The Randolph County Board of Education and a school system teacher are the defendants in 13 lawsuits filed Thursday by local parents accusing the teacher of mistreating their children.

The suits allege that Kimberly Smith, while a teacher in the pre-kindergarten program at Beverly Elementary School, “engaged in multiple malicious acts of physical, emotional and mental abuse toward her students.”

The complaints claim that Smith “maliciously, wantonly and recklessly threatened, bullied and intimidated” the students, and accuse her of “repeatedly putting Pre-K students in a closet and forcing them to remain there against their will.”

Randolph County Circuit Clerk’s Office officials confirmed that all 13 complaints were received at the courthouse Thursday.

The parents are being represented by attorney James R. Fox of Hurricane. The parents filing suit are Curlie Ray Jr. and Marlene Ray; Troy Ruddle and Tracy Ruddle; Louis Scott Daniels and Patty Howard; Leon Eaton and Kim Eaton; Amy Erdman; Gary Hannah and Diana Hannah; Amber Hinchman; Kerri Lamb; Buddy Leary and Ashley Leary; Larry Scott and Nancy Scott; Nichole Summerfield; Erica Swecker; and Jerry Wimer and Lisa Wimer.

The suits claim that the parents’ children who were in the pre-kindergarten program at Beverly Elementary have endured emotional and physical trauma, emotional suffering, mental stress and medical expenses.

Smith is accused in the suits of “false imprisonment” and “illegal restraint and detention.” The lawsuits accuse “the Board of Education, the Principal and the administrators at Beverly Elementary” of negligence.

The complaints request jury trials, and for the juries to determine compensation for damages.

Reached by phone on Thursday afternoon, Randolph County Schools Superintendent Gabriel “Gabe” Devono told The Inter-Mountain he had yet to see the filings.

“I have not read a copy of the complaint filed so I’m unable to comment at this time,” Devono said. “I will, however, follow up with you once I’ve read the filing, but I trust you understand all future comments will be kept to a minimum.”

Devono confirmed Thursday that Smith is still employed by Randolph County Schools.

In August, several parents addressed the Randolph County Board of Education during a BOE meeting about the alleged Beverly Elementary incidents.

At the time, Devono told The Inter-Mountain the school system went through the proper protocol of handling such an issue when officials were made aware of the allegations.

“There were allegations made to us last year, at the end of the school year, and we went through the proper procedures we were supposed to go through,” he said. “We turned it all over to the (Department of Health and Human Resources) and (Child Protective Services).”

During the August meeting, parents claimed that, as a disciplinary punishment, their children were forced to sit in the dark inside what was termed “Frankenstein’s Closet” in the pre-kindergarten classroom.

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