Civil cases against former teacher could be moved to Mass Litigation Panel

CHARLESTON, W.Va. — The chief justice of the state Supreme Court will decide if 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 have asked for that designation for the cases.

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

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

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

The Boggs case was the momentum behind lawmakers considering and eventually passing a bill that enhances state code when it comes to video recordings being mandated in special education classrooms. The bill was signed into law by Gov. Jim Justice.