Tag: Dr. Jorea Marple

Ex-Schools Chief Asks Court to Reconsider Dismissing Case

A former state schools superintendent has asked the West Virginia Supreme Court to reconsider its unanimous decision to dismiss her lawsuit against the State Board of Education over its decision to fire her.

The Charleston Gazette-Mail reports that in a petition filed this month, Jorea Marple rejected the court’s argument that her lawsuit “didn’t contain any allegation” that the board or its president “acted fraudulently, maliciously or oppressively.”

Marple 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 Supreme Court dismissed Marple’s complaint in November.

An attorney for the Board of Education said the issues Marple raised have already been addressed and the court’s decision should stand. Petitions for rehearing are rarely granted.

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.”

Judge Sanctions Lawyer in Superintendent Lawsuit

A judge has reprimanded an attorney for ousted state schools superintendent Jorea Marple for using profanity and calling the West Virginia Board of Education’s lawyers “crooks.”

The Charleston Gazette-Mail reports that Kanawha Circuit Court Judge James Stucky also ordered attorney Tim Barber to pay court costs incurred by the board’s lawyers in pursuing the sanctions. A lawyer for the board estimated those costs at $2,500 to $3,000.

The motion stemmed in part from remarks Barber made in an article last month in the Gazette-mail. Barber apologized for the remarks.

He also was accused of berating staff members of Pullin, Fowler, Flanagan, Brown & Poe, the law firm defending the board in a lawsuit filed by Marple. Barber denied using profanity against the firm’s office manager.

Group Says W.Va. Pays $63,000 in Legal Fees for Marple Case

  A watchdog group says the state Department of Education has paid more than $63,000 to its legal counsel in response to lawsuits by former state schools Superintendent Jorea Marple.

West Virginia Citizens Against Lawsuit Abuse released the findings Tuesday. The group had filed a Freedom of Information Act request with the department and the state Board of Risk and Insurance Management about fees paid to a Charleston law firm since November 2013.

Former superintendent Jorea Marple contends in her Kanawha County Circuit Court lawsuit that she unlawfully fired in November 2012 and that state Board of Education members secretly plotted to dismiss her, violating the state’s open meetings law. The board wants the lawsuit dismissed.

Marple had filed a similar lawsuit in federal court before withdrawing it.

Board Wants Lawsuit Tossed by Fired W.Va. Education Chief

  The state Board of Education is seeking the dismissal of a lawsuit filed by former West Virginia Superintendent of Schools Jorea Marple.

Marple was fired in November 2012. She contends in her lawsuit that she unlawfully fired and that members of the Board of Education secretly plotted to dismiss her, violating the state’s open meetings law.

The State Journal reports that attorneys for the board asked Kanawha County Circuit Judge James C. Stucky to dismiss the lawsuit.

The board’s attorneys contend the panel is a state agency and immune from prosecution.

They also stated that Marple was not under contract at the time of her firing.

Former Schools Chief Federal Lawsuit Dismissed

A federal lawsuit filed by West Virginia’s former state school superintendent has been dismissed at her attorneys’ request.

A U.S. District Court judge on Thursday approved the request by lawyers for Jorea Marple to dismiss the lawsuit because of a similar lawsuit filed earlier this month in Kanawha County Circuit Court.
 
Marple was fired in November 2012. The lawsuit claims that she was unlawfully fired and that members of the state Board of Education secretly plotted to oust her and broke open-meeting laws.
 
The Charleston Gazette reports Marple singles out former board president Wade Linger as a co-defendant in the lawsuit.
 
 The lawsuit seeks relief including for the loss of reputation among her peers, loss of ability to get another job of equal stature, and mental anguish.
 

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