The state Board of Education is being sued over its decision to fire former state school Superintendent Jorea Marple. The lawsuit was filed Friday afternoon in Kanawha County Circuit Court.

Read lawsuit here. 

Marple’s attorney Tim Barber tells MetroNews the board’s Nov. 14 decision was done in secret and brought to a close a nine-month effort by school board President Wade Linger to get rid of Marple.

Photo by Bob Wojcieszak/Daily Mail

The Charleston Daily Mail took this picture the morning Marple was fired, Nov. 14.

Barber says Marple was denied the due process guaranteed her in both the U.S. and West Virginia Constitutions.

“You may bring charges against somebody. You put them in writing. You give them an opportunity to read that, to have a lawyer, to have a hearing in front of an independent tribunal. That’s how you do that,” Barber said. “That never was done. It’s completely absolutely at odds with every piece of jurisprudence there is.”

Barber says Linger and his allies threw Marple out for no reason. He says it’s an outrage.

“How can you do that?” Barber asked.


Lawsuit alleges state Board of Education President Wade Linger worked for nine months behind the scenes to fire Marple.

He says Linger was working behind the scenes to fire Marple even during a review of the former superintendent last summer when she was given glowing marks.

“Not a word. Not by Linger or any other board member ever said anything negative at all to her. Never brought anything up to her at all until they go into executive session on Nov. 14 and throw her out,” Barber said.

The lawsuit seeks among other things, compensatory and punitive damages, a full hearing to establish the exact charges as to why Marple was fired and a jury trial where applicable.

Barber added he found Gov. Earl Ray Tomblin’s State of State of Address earlier this week on education reform amusing.

“Every single line, every word, everything that they propose Dr. Marple had addressed that before she was dumped by this board,” Barber said. “For them to have this to be some revolutionary thing that is wonderful is a joke.”


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  • longbeards

    Sorry, but you work at the will and direction of the board. The only problem I have is that they didnt change the leadership earlier!

  • wirerowe

    Tim Barber must be a writer for Saturday Night Live or Onion. Tim you are one hilarious dude. ROFL

  • Jon

    Just two more pinhead, self appointed Democrat elitist thinking that the rules are unfair when applied to them. It's certainly ok for someone else to be fired, but surly not them for they are privileged. Same old song and dance with all Democrats.

  • John

    Sometimes in life it is much better just to take the loss and move on. She is just wasting money and time.

  • cutty77

    If anybody thinks This Clown Looking Linger is going to do the Job is sadly mistaken.I know he is upset because he is losing his Hair,but clean up Man.You look Deplorable.

  • thornton

    The McGraw connection.....more of the same old, same old.
    Not a proud day to be a West Virginian when the system is abused in this manner.

  • DW

    She guided the education system in this state to its almost last place finish year after year, same as her different named husband. The McGraw name – synonymous with failure.

  • Greg

    I guess they can not live on a $180,000 year retirement.

  • Jim

    Since Jorea's husband Darrel McGraw lost is decades long strangle hold as the att'y general, maybe the good ole boy network won't be able to bail Jorea out of this. It's a frivilous lawsuit, bind you injured ego and move on. You should be used to being thrown out of leading educational committees as Kanawha County voters threw you out of office before you landed this "position." Why didn't you sue the voters of Kanawha County? Get over yourself. All of your whining that you were in it for the kids certainly rings hollow now!

  • ShadyGrove

    She was a will and pleasure employee. They didn't need a reason to fire her. Quit wasting the Court's time.

  • golfnutwv

    A will and pleasure is let go by her employer and sues. What part of will and pleasure does her attorney not understand. With all the problems with the State Board of Education and she wonders why she was let go.