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| Credit :- Abby Zwerner, NBC News |
Abby Zwerner, a first-grade teacher at Richneck Elementary School in Newport News, Virginia, has filed a lawsuit seeking $40 million in damages from school officials after being shot by a six-year-old student. The lawsuit accuses the district of gross negligence for reportedly ignoring multiple warnings about the boy's possession of a gun and his "violent mood" on the day of the shooting.
Zwerner, who is 25 years old, was shot in the hand and chest on January 6th while she was sitting at a reading table in her classroom. She was hospitalized for nearly two weeks following the incident. The shooting caused shockwaves around the country and raised questions about how a child so young could get access to a gun and use it to harm his teacher.
According to Abby Zwerner's attorney, Diane Toscano, school staff members had informed administrators three times on the day of the shooting that the six-year-old student had a gun and was threatening other students. Toscano stated in January that the school administration showed "paralyzed apathy" and did not take necessary action such as calling the police, removing the student from class, or implementing a lockdown.
This lack of action ultimately led to Zwerner being shot by the student, resulting in her hospitalization for nearly two weeks and the filing of a $40 million lawsuit against the school district. The incident raised concerns about the safety and security measures in place in schools and the need for prompt action in response to potential threats.
Additional details from Zwerner's legal notice of her intent to sue the school district in February reveal that the six-year-old student who shot her had a history of disruptive and violent behavior. The notice stated that the student had constantly cursed at staff and teachers, attempted to whip other students with his belt, and once choked another teacher "until she couldn't breathe."
Zwerner's $40 million lawsuit, which was filed against the Newport News School Board and several school district officials, including former Superintendent George Parker III, holds them accountable for gross negligence and failure to take necessary action to prevent the shooting incident. The lawsuit seeks to bring attention to the importance of school safety and the responsibility of school officials to ensure the safety of their staff and students.
Despite the $40 million lawsuit filed by Abby Zwerner against the Newport News School Board and several school district officials, including former Superintendent George Parker III, school board members and spokespersons remained silent on the issue. The Associated Press reached out to Michelle Price, a spokesperson for the school board, Lisa Surles-Law, chair of the school board, and other board members for comment but did not receive a response.
Similarly, attempts to reach out to the former superintendent for comment were unsuccessful as he did not immediately return a message left on his cellphone. The lack of response from school officials and administrators has raised concerns about their accountability and responsibility towards ensuring the safety of their staff and students.
After Suspension, Shooting Incident Occurred
The shooting incident that injured Abby Zwerner occurred just two days after a one-day suspension was issued to the six-year-old boy who had broken her cellphone by slamming it, according to the legal notice. The next day, the student returned to Zwerner's class and pulled out his mother's 9mm handgun from his pocket, shooting her.
The incident led to the firing of the superintendent by the school board, while the assistant principal resigned from their position. The principal was reassigned to another job within the school district. The board also took measures to increase school safety by voting to install metal detectors in every school within the district, starting with Richneck Elementary School where the shooting occurred, and to provide clear backpacks for all students.
These actions were taken in response to the shooting and aimed to prevent future incidents by ensuring stricter security measures within the schools.
The Allegations Made in the Lawsuit
Zwerner's lawyers have alleged in the lawsuit that all of the defendants, including school officials, were aware of the boy's history of violent behavior both at home and in school. The lawsuit cites an incident from the previous year in which the boy had "strangled and choked" his kindergarten teacher.
According to the lawsuit, the boy was transferred to another school for the remainder of the year but was allowed to return to Richneck Elementary School for first grade in fall 2022. However, he was placed on a modified schedule due to concerns about his behavior, including chasing other students with a belt and cursing at staff and teachers. The modified schedule required one of his parents to accompany him during the school day.
Despite concerns raised by teachers about the boy's behavior, the lawsuit claims that the school administration regularly dismissed them. The lawsuit also alleges that the boy was often rewarded with treats such as candy after being taken to the office for misbehavior.
These allegations form the basis of the lawsuit filed by Zwerner's attorneys against the defendants, including school officials.
Additionally, the lawsuit alleges that the boy's parents refused to allow him to be placed in special education classes with other students who had behavioral issues. As a result of the shooting, Zwerner suffered physical injuries, emotional distress, lost wages, and other damages, according to the lawsuit.
There are no charges being filed against the 6-year-old
In March, the prosecutor in Newport News, Howard Gwynn, stated that the 6-year-old who shot his teacher would not face criminal charges because he lacks the ability to comprehend the legal system and the meaning of a charge. However, it is still uncertain whether any adults will face charges in relation to the incident.
The boy utilized a gun owned by his mother, which was obtained legally, according to authorities. A lawyer representing the boy's family has stated that the firearm was stored on a closet shelf and was equipped with a lock.
The incident has raised concerns about the treatment of students with disabilities in schools.