A Nicholas County mother has filed a civil suit in federal court against a former high school principal who was found not guilty last year of assaulting her teenage son.
The lawsuit says Dusty Green suffered "severe emotional distress, including but not limited to anxiety, stress, fear of the school environment and nausea" as a result of what it described as deliberate and intentional acts by former Nicholas County High School Principal Joseph Orazen.
In February, a Nicholas County jury found Orazen not guilty of fourth-degree assault, a misdemeanor, after about 20 minutes of deliberations. Orazen was accused of slamming Green to the ground outside the high school on Feb. 10, 2009. Green had approached Orazen, asking to go inside the school to get his jacket, and he was cursing and yelling at the principal, according to testimony at Orazen's trial.
Orazen was terminated from his position at the school.
The lawsuit filed Tuesday by Green's mother, Michelle Green, says the plaintiffs are entitled to recover damages. Nicholas County School District was initially named as a defendant, but a judge has dismissed the school district from the case.
According to the suit, Dusty Green has been taunted by other students at Nicholas County High School about the incident. He has also had trouble sleeping and did not want to return to school afterward, the suit says.
In an interview Friday, Green's attorney, Eric Deters, referred to a video of Orazen and Dusty Green that was shown during the trial. He said no rational person could watch the video and not conclude that Orazen was out of line. He said jurors in federal court will be less biased than jurors may have been during the trial in Nicholas County.
In a response to the complaint, Orazen denied the allegations regarding emotional distress. Orazen also denied allegations of negligence, assault and battery.
Orazen's attorney, Elizabeth Deener, could not be reached for comment Friday.