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The latest lawsuit against a former Holz Elementary teacher accuses her of making a special education student repeatedly eat out of the sink, forcing her to stand in a garbage can, sweeping trash onto her, cutting her lip by slamming her head into a desk and repeatedly verbally abusing her.

The lawsuit alleges Nancy Boggs invited other children to make fun of the girl, and alleges Boggs told her “she was going in a garbage can because her parents don’t like her.”

Now those parents are suing both her and the Kanawha County school system.

Boggs, 66, of Charleston, has already been criminally indicted on 23 counts of misdemeanor battery and a single count of verbal abuse of a noncommunicative child.

Those Kanawha grand jury indictments, revealed last week, were for her allegedly harming three special education children at the South Hills school. Boggs has pleaded not guilty.

On Nov. 9, the parents of 9-year-old Trenton Bowden sued Boggs and the county school system. A “T.B.” was also among the three alleged victims in the indictments.

An “S.P.” had also been listed in the indictments: Boggs is accused there of striking S.P. with a file cabinet door, jerking her by her hair and throwing her to the floor.

On Tuesday, the parents of an “S.P.” filed the latest lawsuit against Boggs and the county school system. The parents’ Charleston-based attorneys, David K. Hendrickson and Stephen Hastings, said the girl is the same one listed in the indictments.

But, unlike the indictments and the lawsuit on Trenton Bowden’s behalf, the new lawsuit alleges abuse not just on Sept. 8 and Sept. 22, but also Sept. 9, 10 and 21.

Hendrickson and Hastings said they haven’t yet been given access to pre-Sept. 8 video. They said the school system’s internal investigator is reviewing the footage because the district must ensure other students’ privacy is protected.

“It’s a very tragic and very awful event in this young lady’s life,” Hendrickson said, “and we’re just hoping that we can bring a little justice to the system.”

The new lawsuit also alleges that, “at various times, aides and other staff members were in the classroom.” The lawsuit doesn’t name, or sue, individuals other than Boggs.

The lawsuit also alleges that Boggs would force S.P. to sit on the floor and put her nose through a hole in the wall. It alleges Boggs threw her lunch “in the sink bowl without cleaning it.” It alleges Boggs threw her to the floor, pulled chairs out from under her and told her she has no friends.

School system spokeswoman Briana Warner said the district “cannot comment on the ongoing litigation or specific allegations in the complaint.”

Warner said Boggs’ “last day in the classroom was Sept. 23, the day that the alleged abuse was discovered by school personnel and reported by school administration to CPS [Child Protective Services] and law enforcement.”

It was on Sept. 22 that, the lawsuit alleges, Boggs slammed S.P.’s “head into the desk causing a cut on S.P.’s lip.”

In the criminal indictments, Boggs is also accused of twice “driving” another student’s head down “causing his forehead to strike his desk.” That student is “A.S.”

For each of the 23 misdemeanor battery charges, the possible penalty is imprisonment for up to a year, a fine of up to $500, or both fined and confined. The single verbal abuse charge carries a $500 to $2,500 fine, being jailed up to six months, or both.

Tuesday’s lawsuit is the latest in a string of criminal cases and lawsuits since May, alleging that Kanawha school system employees physically and verbally abused special education children, including nonverbal ones. Other than Boggs’ alleged abuse at Holz, the other allegations are against employees in a single classroom at Horace Mann Middle.

The central evidence in each lawsuit and criminal case has been video footage of the alleged abuse. These recordings, which haven’t been publicly released, were made possible by a 2019 state law mandating cameras in certain special education classrooms.

County school systems are supposed to preserve video footage for 90 days at a time, allowing them and law enforcement to review back that far after an alleged incident.

Court records did not indicate Boggs had an attorney for the civil lawsuits against her. Boggs’ criminal attorney did not return a call for comment.

Ryan Quinn covers education. He can be reached at 304-348-1254 or ryan.quinn@hdmediallc.com. Follow @RyanEQuinn on Twitter.

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