Brooke County Board of Education Previously Sued by Fitzsimmons Law Firm PLLC for Allegedly Failing to Protect A Severely Disabled Student from Sexual Abuse
Current class action follows earlier lawsuit alleging the Board failed to protect a severely disabled student despite advance warnings of a known safety risk
WHEELING, W.Va. — Fitzsimmons Law Firm PLLC is now representing families in two separate lawsuits against the Brooke County Board of Education involving serious allegations concerning the safety of children entrusted to the school system’s care.
Most recently, the firm filed a class action arising from the discovery of hidden recording devices in private locker rooms and changing areas at Brooke High School where female students, including minors, changed clothes and had every reason to expect complete privacy.
The current class action is separate from an earlier lawsuit filed by Fitzsimmons Law Firm on behalf of the parents of a severely autistic and developmentally disabled student. That case alleges that the Brooke County Board of Education failed to protect the child from a known and specific safety threat despite advance warnings from school employees.
The two cases involve different facts, different students, and different alleged conduct. Each will stand on its own evidence. But both raise the same fundamental issue: whether children entrusted to a public school system were provided the protection they were entitled to expect.
“Every child has an absolute right to be safe at school,” said Clayton Fitzsimmons, Managing Member of Fitzsimmons Law Firm. “These are separate cases, and we are not suggesting otherwise. But in both cases, the central responsibility is the same. Parents entrust schools with their children, and they are entitled to expect that those children will be protected.”
In the earlier case, John Doe and Jane Doe v. Brooke County Board of Education, et al., Civil Action No. 24-C-34, the parents of a minor identified as L.C. allege that their severely autistic and developmentally disabled child was subjected to bullying, physical abuse, threats, intimidation, and sexual abuse while riding a Brooke County special-needs school bus. A Third Amended Complaint was filed on November 8, 2024.
According to the Complaint, L.C.’s disabilities required significant supervision, support, and protection. His Individualized Education Program required constant adult supervision during transportation and directed that he be seated at the front of the bus away from other students.
The Complaint alleges that the Board had actual knowledge that another student riding the bus had a history of violent and sexually deviant behavior, and had received numerous complaints about the student. It further alleges that the bus aide and driver repeatedly complained to supervisory personnel, warned that the student posed a serious safety threat to children on the bus, and specifically requested that he be removed to protect L.C. and the other special-needs students, yet the Board failed to take any action.
According to the lawsuit, those warnings were not acted upon. The Complaint alleges that school personnel instead reassured the bus aide and driver that their concerns were unfounded and later allowed L.C. to sit toward the rear of the bus, unsupervised and next to the same student, despite L.C.’s transportation instructions and what the lawsuit describes as the Board’s actual knowledge of the danger.
“This is not simply an allegation that something terrible happened without warning,” Fitzsimmons said. “The Complaint alleges that the Board had actual knowledge of a serious risk, that its own employees raised concerns, that specific warnings were given, and that a request was made to remove the danger. The question is what the Board did with that information and whether reasonable steps were taken to protect a child who depended on adults for his safety.”
Over the course of months, the earlier Complaint alleges that L.C. was threatened, intimidated, bullied, physically assaulted, and sexually abused while riding the special-needs bus and while under the care, supervision, and protection of the school system. It further alleges that the incidents were captured on the bus’s own surveillance video.
The newly filed class action presents a different set of allegations. It arises from the discovery of hidden recording devices in private areas used by female students at Brooke High School, including locker rooms and a dressing area used by the school’s dance team.
“As a father of three daughters, I understand on a personal level what parents are feeling when they hear allegations involving hidden cameras in school locker rooms and changing areas,” Fitzsimmons said. “No child should ever have to wonder whether she was secretly watched or recorded while changing clothes at school, and no parent should ever be put in the position of asking that question.”
The class action alleges that the Brooke County Board of Education failed to exercise reasonable care in safeguarding private student areas and in supervising access to those areas.
The earlier litigation alleges a different type of failure: that the Board knew or should have known of a specific threat to a highly vulnerable student, received warnings about that threat, and failed to take reasonable action before the alleged abuse occurred.
“These cases are about whether the people and institutions responsible for children took reasonable steps to protect them. When serious questions arise about whether that happened, those questions deserve answers.”
About Fitzsimmons Law Firm PLLC
Fitzsimmons Law Firm PLLC is a litigation firm based in Wheeling, West Virginia, representing individuals and families in complex, high-stakes civil cases.
The firm has obtained more than 225 verdicts and settlements exceeding $1 million and has recovered more than $1.5 billion for its clients.
Fitzsimmons Law Firm has substantial experience handling complex litigation involving institutional abuse, sexual abuse, catastrophic injury, wrongful death, class actions, mass torts, and claims involving failures of supervision and institutional responsibility.
The firm has the experience and resources necessary to investigate and prosecute complex cases involving governmental entities, schools, corporations, and other institutions. In cases involving children, Fitzsimmons Law Firm places particular importance on protecting the privacy, dignity, and well-being of the child and family throughout the litigation process. Fitzsimmons Law Firm also has on staff former law enforcement personnel specially trained in interviewing, investigating, and collecting evidence with respect to sexual assault survivors.