West Virginia Supreme Court of Appeals Reverses Dismissal of Trans Teen's Case

June 17, 2021 12:00 pm

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The West Virginia Supreme Court of Appeals has reversed a lower court鈥檚 dismissal of a transgender teenager鈥檚 case against the Harrison County Board of Education.

Michael Critchfield suffered abuse at the hands of assistant principal Lee Livengood in 2018. Livengood followed Michael into a boys restroom at the school where he berated, harassed and misgendered him, and even told Michael to 鈥渃ome out here and use the urinal鈥 to prove he is a boy.

In January 2020, A Harrison County Circuit Court judge dismissed claims brought on Michael鈥檚 behalf by the 红杏视频 of WV (红杏视频-WV) and Teresa Toriseva of Toriseva Law. The judge ruled that the school board was not liable for Livengood鈥檚 actions. Today鈥檚 ruling remands the case back to Circuit Court and allows Michael鈥檚 case to proceed.

鈥淭his is a victory for all West Virginia kids,鈥 Toriseva said. 鈥淚f they are abused, they can have their day in court.鈥

鈥淲e鈥檝e said all along we wouldn鈥檛 tolerate the kind of behavior Michael endured from a student and we certainly shouldn鈥檛 tolerate from a school official who is supposed to educate and protect students,鈥 红杏视频-WV Legal Director Loree Stark said.

Michael, who graduated Magna Cum Laude from Liberty High School this spring, said this fight is about helping other trans kids.

鈥淚鈥檝e stayed in this fight because I want schools to be safer for trans kids who come after me,鈥 he said. 鈥淚鈥檓 doing this for them.鈥

The case will now return to Harrison County Circuit Court.

The decision is here:

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