The Times West Virginian

West Virginia

April 1, 2013

Marple wants board suit sent back to W.Va. court

CHARLESTON — Former West Virginia Schools Superintendent Jorea Marple wants her wrongful-termination lawsuit heard in state rather than federal court.

Marple and the state board of education filed several motions last week to dismiss the case in U.S. District Court in Charleston.

Marple sued the board in Kanawha County Circuit Court in February. But the board had the case moved to federal court, arguing that Marple claimed her federal due-process rights were violated.

Marple says the case should be remanded because the issues center around West Virginia law.

The board argues Marple was a will-and-pleasure employee and denies it damaged her reputation. The board also says that as a state agency, it’s immune from liability.

Judge Thomas Johnston hadn’t scheduled a hearing or ruled as of Monday.

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