W.Va. Supreme Court Dismisses Ex-School Chief's Suit

The West Virignia Supreme Court has ruled that a former state schools superintendent cannot sue the state Board of Education over its decision to fire her.

The court ruled Tuesday in the board’s appeal of a circuit judge’s denial of its request to dismiss Jorea Marple’s lawsuit.

Marple was fired in 2012. She sued the board and former board President Wade Linger last year in Kanawha County Circuit Court, alleging defamation and violation of due process rights.

The board’s lawyers said in its filing with the Supreme Court that both the board and Linger are entitled to qualified, or good faith, immunity for discretionary actions taken in terminating Marple’s employment.

In dismissing Marple’s complaint, the Supreme Court agreed, saying she “had no constitutionally protected interest in continued employment as superintendent.”