On Monday, the Virginia teacher, who was shot by her 6-year-old student at Richneck Elementary School, filed a $40 million lawsuit against school officials.
Abby Zwerner, 25, is accusing school officials of gross negligence for allegedly ignoring multiple warning signs on the day of the shooting that the boy had a gun and was in a “violent mood.”
Zwener was shot in the hand and chest in her classroom earlier this year. She spent nearly two weeks in the hospital and has had four surgeries since the shooting.
The Newport News School Board, former Superintendent George Parker III, former Richneck Principal Briana Foster Newton, and former Richneck Assistant Principal Ebony Parker are all named defendants.
After the shooting, the school board fired the superintendent, and the assistant principal resigned. So far, no one has been charged with the shooting, including the boy.
According to a school board spokesperson, Newton remains employed but declined to share her position. The board also voted to install metal detectors in all schools, starting with Richneck, and to purchase clear backpacks for all students.
Zwerner’s attorney claimed all of the defendants knew the boy “had a history of random violence” at school and at home, including an assault on his kindergarten teacher the year before.
“All Defendants knew that John Doe attacked students and teachers alike, and his motivation to injure was directed toward anyone in his path, both in and out of school, and was not limited to teachers while at the school,” the lawsuit states.
Before the incident, the boy was removed from Richneck and re-enrolled in the fall of 2022.
The lawsuit states that he was placed on a modified schedule “because he was chasing students around the playground with a belt in an effort to whip them with it” and was cursing staff and teachers.
According to the lawsuit, one of the student’s parents was required to accompany him as part of the modified schedule.
“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. “He would return to class shortly after that with some type of reward, such as a piece of candy.”
In the hours before the shooting, school staff members warned administrators repeatedly.
The lawsuit states that Parker “had no response, refusing even to look up at (Zwerner) when she expressed her concerns.”
Multiple students also warned reading specialist Amy Kovac that the boy had told them he had a gun in his backpack.
When asked, the boy denied having a weapon and refused to show Kovac his bag.
According to reports, Kovac told Ebony Parker that the boy had told students he had a gun. Parker allegedly said his “pockets were too small to hold a handgun and did nothing,” the lawsuit states.
On another occasion, students told the music teacher the boy “had shown him a firearm he had in his pocket during recess.”
Parker was again warned, but she said the backpack had already been searched and “took no further action.”
In response, a guidance counselor approached Parker about searching the boy for a gun, but Parker refused to allow him, stating that the boy’s mother would arrive shortly to pick him up.
Moments later, the boy took his gun out of his pocket and shot Zwerner in the face and chest.
The lawsuit seeks $40 million in compensatory damages for Zwerner, who suffered permanent bodily injuries, mental anguish, lost earnings, and other damages.
Prosecutor Howard Gwynn of Newport News stated last month that his office would not file criminal charges against the boy because he is too young to comprehend the legal system and what a task entails. Gwynn has not yet decided whether or not to charge any adults.
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