Tony Dean ARBAUGH, Jr. Plaintiff,
v.
BOARD OF EDUCATION, the COUNTY OF PENDLETON, a public corporation, Ferlin Heavener, individually, and in his capacity as an employee of the Pendleton County Board of Education, Calvin Thompson, individually, and in his capacity as Principal at Circleville School for the Pendleton County Board of Education, and West Virginia Department of Health and Human Resources, a government entity, Defendants.
United States District Court, N.D. West Virginia.https://leagle.com/images/logo.png
August 6, 2004.
August 6, 2004.
Attorney(s) appearing for the Case
Lary D. Garrett, Jack Walters, Moorefield, WV, Jeffrey R. Roth, Roth Legal Services, LC, Petersburg, WV, for plaintiff Tony Dean Arbaugh, Jr.
Jacquelyn J. Core, Steptoe & Johnson, Morgantown, WV, Henry E. Brown, Steptoe & Johnson, Clarksburg, WV, for defendant Board of Education, The County of Pendleton, a public corporation.
R. Mike Mullens, Elkins, VA, for defendant Ferlin Heavener, individually, and in his capacity as an employee of the Pendleton County Boad of Education.
Tamara J. DeFazio, Spilman, Thomas & Battle, Morgantown, WV, for defendant Calvin Thompson, individually, and in his capacity as Principal at Circlville School for the Pendleton County Board of Education.
P. Gregory Haddad, MacCorkle, Lavender, Casey & Sweeney, PLLC, Morgantown, WV, for defendant West Virginia Department of Health and Human Resources, a governmental agency.
Jeffrey D. Taylor, Rose, Padden & Petty, LC, Fairmont, WV, for defendant Children's Home Society of West Virginia.
United States District Court, N.D. West Virginia.
MEMORANDUM OPINION & ORDER
KEELEY, District Judge.
Before the Court are a motion for summary judgment filed by the defendant, Calvin Thompson, and a motion for leave to amend the complaint filed by the plaintiff, Tony Arbaugh. The motions are fully briefed and ripe for review. The Court first GRANTS Arbaugh leave to amend his complaint because the amendment is not prejudicial, in bad faith, or futile. Finding issues of fact with respect...
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