DeVito v. Board of Education

HARSHBARGER, Justice:

Teresa M. DeVito, a school teacher, was dismissed for wilful neglect of duty by the Marion County Board of Education (the Board) because she distributed “Fritz the Cat” cartoons to an art class. The Circuit Court of Marion County affirmed the Board. On this second appeal of this case, we again reverse the circuit court.

The facts of this case are stated in DeVito v. Board of Education of Marion County, 169 W.Va. 53, 285 S.E.2d 411 (1981) (DeVito I). In DeVito I the Court relied upon syllabus point three of Beverlin v. Board of Education of Lewis County, 158 W.Va. 1067, 216…