Civil cases against former Kanawha County teacher could go to Mass Litigation Panel

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CHARLESTON, W. Va. –The chief justice of the state Supreme Court will decide whether seven civil lawsuits filed against former Kanawha County special education teacher Nancy Boggs will be combined and sent to the state’s mass litigation panel.

Nancy Boggs
Photo/CPD

Plaintiffs’ attorneys requested this designation for the cases.

A brief hearing was held Friday before Kanawha County Circuit Judge Maryclaire Akers. The application is now being directed to the High Court where Chief Justice John Hutchison will be asked to transfer the cases to the three-judge panel which normally receives civil cases with multiple plaintiffs.

Boggs, who taught at Holz Elementary School, also faces criminal charges for the way she allegedly treated students with special needs. His criminal trial is currently set for June 27.

Charleston attorney Ben Salango, one of the plaintiffs’ attorneys in the civil cases, said Friday he expected a decision from Hutchison in 60 to 90 days.

The Boggs case was the impetus behind lawmakers who considered and ultimately passed a bill that improves the state code regarding mandatory video recordings in special education classrooms. The bill was signed into law by Governor Jim Justice.

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