Teacher shot by boy, 6, files $40m lawsuit amid warnings he was armed and in a 'violent mood'
A US teacher is seeking $40million (£32million) in damages from school officials after she was shot by a six-year-old pupil in Virginia earlier this year.
The 25-year-old claims school officials ignored multiple warnings that the boy was armed and in a “violent mood" on the day of the attack.
Abby Zwerner, a first-grade (year two in the UK) teacher at Richneck Elementary School in Newport News, Virginia, was shot in the hand and chest on January 6 as she sat at a reading table in her classroom.
The teacher was in hospital for nearly two weeks and had four different types of surgery.
She is suing for permanent bodily injuries, physical pain, mental anguish, lost earnings and other damages.
The lawsuit, served on Monday, names as defendants: the Newport News School Board; former Superintendent George Parker III; former Richneck Principal Briana Foster-Newton and former Richneck Assistant Principal Ebony Parker.
Michelle Price, a school board spokesperson, said via email that the board had not yet been served with the lawsuit, adding the school division refers all legal claims information to its insurer.
The school said in a statement: “Our thoughts and prayers remain with Abby Zwerner and her ongoing recovery.
“The School Board and the school division’s leadership team will continue to do whatever it takes to ensure a safe and secure teaching and learning environment across all our schools."
Mrs Foster-Newton's attorney, Pamela Branch, has said she was unaware of reports that the boy had a gun at school on the day of the shooting.
“Mrs Briana Foster-Newton will vigorously defend any charges brought against her as a part of the lawsuit filed by Ms Zwerner and respond accordingly,” Ms Branch said in a statement.
James Ellenson, a lawyer for the boy's family, said in a statement on Monday afternoon that the “allegations in the complaint in reference to the child and his family should be taken with a large grain of salt.”
Mr Ellenson said: “We of course continue to pray for Ms. Zwerner’s complete recovery."
George Parker and Ebony Parker have been contacted for comment but have not yet replied.
The superintendent was fired by the school board and the assistant principal resigned. A school district spokesperson has said Ms Newton-Foster is still employed by the school district, but declined to say what position she holds.
No one has been charged. The local prosecutor said last month that the boy will not be charged, although an investigation is ongoing.
In the lawsuit, filed on Monday, Ms Zwerner's lawyers say all the defendants knew the boy “had a history of random violence” at school and at home, including when he “strangled and choked” his kindergarten - reception in the UK - teacher the year before.
School officials removed the boy from Richneck and sent him to another school for the remainder of the year, but allowed his return for first grade in fall 2022, the lawsuit states.
He was placed on a modified schedule “because he was chasing students around the playground with a belt in an effort to whip them," and was swearing at staff and teachers, it says.
“Teachers' concerns with John Doe's behavior (were) regularly brought to the attention of Richneck Elementary School administration, and the concerns were always dismissed,” the lawsuit states.
It goes on to describe a series of warnings school employees gave leaders in the hours before the shooting on January 6.
The boy used his mother’s gun ,which police said was purchased legally. A lawyer for his family, said was secured on a high cupboard shelf with a lock.
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