ARBAUGH v. BOARD OF EDUC.

No. 31346.

591 S.E.2d 235 (2003)

214 W.Va. 677

Tony Dean ARBAUGH, Jr., Plaintiff Below 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 of Circleville School for the Pendleton County Board of Education, Sandra Hedrick, Individually, and in Her Capacity as an Employee of the Pendleton County Board of Education, Robin Kyle, Individually, and in Her Capacity as an Employee of the Pendleton County Board of Education, Janice Raines, Individually, and in Her Capacity as an Employee of the Pendleton County Board of Education, Charles R. Teter, Individually, and in his Capacity as an Employee of the Pendleton County Board of Education, Dr. Alan Canonico, Individually, and in His Capacity as Superintendent and Principal of Circleville School for the Pendleton County Board of Education, Janie Ours, Individually, and in Her Capacity as an Employee of the West Virginia Department of Health and Human Resources, Lori Thomas, Individually, and in Her Capacity as an Employee of the Children's Home Society of West Virginia, West Virginia Department of Health and Human Resources, a Government Entity, and Children's Home Society of West Virginia, a Non-Profit Organization, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2003.


Attorney(s) appearing for the Case

Lary D. Garrett, Garrett & Garrett, Moorefield, and Jeffrey R. Roth, Petersburg, for the Plaintiff.

Nancy W. Brown, Jacquelyn J. Core, M. Dawn Alexander, Steptoe & Johnson, PLLC, Clarksburg, for the Defendants, Pendleton County Board of Education, Robin Kyle, Charles R. Teter, and Dr. Alan Canonico.

Tamara J. DeFazio, Spilman, Thomas & Battle, Morgantown, for the defendant, Calvin Thompson.

J. Victor Flanagan, Julie Meeks, Marianna McHugh, Pullin, Knopf, Fowler & Flanagan, Charleston, for the defendant, Sandra Hedrick.

Jeffrey D. Taylor, Rose, Padden & Petty, Fairmont, for the defendant, Children's Home Society of West Virginia.

LaVerne Sweeney, Grafton, for Amicus Curiae, John Barbina.


ALBRIGHT, Justice:

This case involves a certified question from the United States District Court for the Northern District of West Virginia in which we are asked to resolve the question of whether there is an implied private cause of action for failure to report suspected child abuse as required by West Virginia Code § 49-6A-2 (2001) (Repl. Vol. 2001). We conclude that relevant West Virginia law does not give rise...

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