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Injury Victims


Recent Appellate Cases Filed by DSMB on Sexual Assault and More

Published on Oct 27, 2023 at 5:54 pm in News.

DiPiero Simmons McGinley & Bastress, PLLC (DSMB) is committed to advocating for wronged West Virginians in Charleston and elsewhere throughout “The Mountain State.” This commitment is evident in our recent filing of appellate briefs in a sexual assault, public transparency matter involving West Virginia University, and judicial ethics cases on behalf of clients harmed. These recent appellate cases filed by DSMB are representative of a small handful of cases that our experienced attorneys handle. Our lawyers offer free consultations to evaluate whether we, too, can help you.

DSMB Sues a West Virginia State Agency for Permitting Child Sexual Assault

As for the sexual assault case mentioned above, our law office has filed a case about the West Virginia Department of Health and Human Resources (DHHR) on behalf of three minor females who found themselves residing in the Kanawha County home of a registered sex offender.

Despite receiving reports about and investigating the matter, DHHR and its unnamed social workers ultimately decided against taking any corrective action. Our firm contends that their failure to do so created a permissive environment in which the minors’ sexual abuse occurred for numerous years before our young clients mustered the courage to disclose the ill-treatment they endured.

Ultimately, the girls’ abuser was convicted of 136 criminal counts for the harm he inflicted upon them. The lawsuit our firm filed seeks to obtain compensatory damages from the DHHR that will help our clients receive intensive therapy and cover other needs they have so that they can go on to have fruitful lives in the future.

Our Charleston Law Firm Sues West Virginia University for Its Lack of Transparency

Two of our firm’s attorneys, Lonnie C. Simmons and Robert M. Bastress III, are representing the Charleston Gazette-Mail in an appeal against West Virginia University (WVU) that originated in the Circuit Court of Monongalia County. The university and its Board of Governors announced this year that WVU found itself with a $45 million budgetary shortfall and, thus, it would be significantly reducing spending by cutting various programs and faculty jobs.

Our client, the local newspaper, filed an Open Governmental Meetings action after the WVU Board of Governors went into a private executive session to discuss the school’s financial struggles. Our firm seeks reimbursement of our client’s attorney fees since this meeting violated the West Virginia Open Governmental Proceedings Act (WVOGPA), which requires transparent meetings at public institutions of higher education like WVU.

DSMB Lawyer Lonnie C. Simmons Fights To Clear a West Virginia Family Court Judge’s Name

The third notable case one of our firm’s founding partners, Lonnie C. Simmons recently filed that now rests in the hands of the West Virginia Supreme Court of Appeals is that of the Honorable Deanna R. Rock, a Family Court Judge of the Twenty-Third Family Court Circuit. This case centers around judicial ethics issues, five of which the Judicial Hearing Board dismissed following an initial hearing in the matter. Our client is seeking the removal of the additional three ethics charges she’s facing so that she can return to the bench and uphold her oath to her district’s constituents.

Our firm’s role in each of the cases above is to stand up for those who are wronged, whether that involves state officials not looking out for their best interests, someone or something violating the law, or a sworn public officer being accused of unethical behaviors. In addition to the scenarios described above, each day, our lawyers advocate for our state’s residents who suffered harm due to no fault of their own (at someone else’s hands). So, let’s discuss what’s happened to you and the rights afforded to you per West Virginia law. Schedule a complimentary case evaluation with an attorney at DSMB now.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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