COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 

 Home > Main Law Library > Caselaw Library > Doe v. Withers


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024
Training Programs

Apr. 11 - Denver, CO

June 5-8 - San Antonio, TX

Sept. 24 - MD via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

In the Circuit Court of Taylor County, West Virginia

JOHN DOE and JANE DOE, individually, and as next friends of their handicapped minor son, D. D.
Plaintiffs

v.

MICHAEL WITHERS, individually, and in his capacity as a teacher at Grafton High School; GREG CARTWRIGHT, individually, and in his capacity as a teacher at Grafton High School; WENDELL TEETS, individually and in his capacity as Superintendent of Schools of Taylor County; and the TAYLOR COUNTY BOARD OF EDUCATION, a public corporation, 
Defendants.
 
No. 92-C-92

Jury Order


For this trial the Plaintiffs, Robert Devart, Virginia Devart and Douglas Devart, appeared in person and by their attorneys, William F. Byrne and Lloyd W. SpringIII, and the Defendants, Michael Withers, Greg Cartwright, Wendell Teets and the Taylor County Board of Education appeared in person and by their attorneys, James Wilson and Nancy Brown.

On June 9, 1993, thereupon came a jury of six (6) good and lawful jurors selected according to law to well and truly try the issues between the Plaintiffs, Robert Devart, Virginia Devart and Douglas Devart, and Defendants, Michael Withers, Greg Cartwright, Wendell Teets and the Taylor County Board of Education, and a true verdict render according to the evidence and so help you God.

On June 9, 1993, the jury heard opening statements on behalf of the Plaintiffs and Defendants and part of the testimony on behalf of the Plaintiffs.

On June 10, 1993, the jury heard the balance of the testimony on behalf of the plaintiffs. Thereupon, each of the defendants moved for a directed verdict. The Court granted the motions as to defendants Taylor County Board of Education, Wendell Teets and Greg Cartwright and denied the motion as to defendant Michael Withers. The defendant rested his case without additional testimony and after hearing the instructions of the court, the matter was argued by counsel.

The jury retired to their chambers to deliberate and did so on June 10, 1993 and after some time, the jury returned into Court and upon their oath and found in favor of the Plaintiff, Douglas Devart, and against the Defendant, Michael Withers, and awarded damages in favor of Douglas Devart in the amount of Five Thousand Dollars ($5,000.00) compensatory damages and Ten Thousand Dollars ($10,000.00) punitive damages.

It is therefore ADJUDGED, ORDERED and DECREED that the Plaintiff, Douglas Devart, recover of and from the Defendant, Michael Withers, the sum of Fifteen Thousand Dollars ($15,000.00), with interest at the rate of ten percent (10%) per annum from June 10, 1993, and the costs of this action.

ENTERED this 16th day of June, 1993.

John L. Waters, Judge


Bill Byrne
and Lloyd W. Spring, III represented the child in Doe v. Withers.

Recently, Bill Byrne represented a a profoundly deaf high school student who ran afoul of an age rule that prevented him from playing interescholastic sports in J. R. Traylor v Board of Education. Mr. Byrne based his case on the West Virginia Human Rights Act and the obligation for reasonable accomodation under state law, which was better than federal law on this issue.


Contact Info
William F. Byrne, Esq.
Byrne & Hedges
141 Walnut Street
Morgantown, WV 26505
(304) 296-0123
bill@byrnehedges.com

 

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

Wrightslaw: Special Education Law, 3rd Edition by Pete and Pam Wright
About the Book

To Order

Wrightslaw: All About IEPs
About the Book

To Order

Wrightslaw: All About Tests and Assessments
About the Book

To Order

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

To Order

 

Copyright © 1998-2024, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

 

March Sale - SAVE 25%

Print, Immediate Downloads
and Advocacy Supplies
Order Wrightslaw Product
s
and Save 25% Now!



Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 3rd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video


The Advocate's Store


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95