C.D. v. Grant County Board of Education

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for the Grant County Board of Education in claims arising from a truancy complaint filed against a student with diabetes. The court held that the student was not entitled to relief for failure to accommodate, reckless infliction of emotional distress, or malicious prosecution because the Board allowed illness-related absences upon submission of written notes, and probable cause existed for the truancy filing. The court also held that the student waived her judicial-bias argument by failing to raise disqualification below.

Holdings

1. The petitioner waived the judicial-disqualification argument by failing to raise it before the circuit court.
2. The circuit court's failure to disqualify itself did not constitute plain error.
3. The Board provided a reasonable accommodation and was entitled to summary judgment on C.D.'s accommodation claim.
4. C.D. could not establish a claim for intentional or reckless infliction of emotional distress because the Board's conduct was not sufficiently extreme and outrageous.
5. C.D. could not establish malicious prosecution because the truancy complaint was supported by probable cause and there was no evidence of malice.
6. The circuit court properly granted the Board summary judgment on all claims.

Questions Presented

1. Whether the circuit court erred by failing to recuse itself for alleged bias.
2. Whether the Board failed to provide a reasonable accommodation under the West Virginia Human Rights Act.
3. Whether the Board's conduct supported a claim for reckless or intentional infliction of emotional distress.
4. Whether the Board's filing of the truancy complaint supported a malicious prosecution claim.
5. Whether summary judgment was proper on all claims.

Disposition

affirmed