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The filing comes after Zwerner's attorney, Diane Toscano, announced her intention to file suit against the school system in late January.
NEWPORT NEWS, Va. — The legal team for Abby Zwerner, the teacher at Richneck Elementary School shot by a student in January, has filed a $40 million lawsuit against officials within Newport News Public Schools, a source confirmed to 13News Now.
The lawsuit was filed in Newport News Circuit Court against the school board, former Superintendant Dr. George Parker, former Principal Briana Foster-Newton and former Assistant Principal Dr. Ebony Parker, the source said.
In the lawsuit, Zwerner's attorneys say all of the defendants knew the boy “had a history of random violence” at school and at home, including an episode the year before, when he “strangled and choked” his kindergarten teacher, the Associated Press reports.
“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.
School officials removed the boy from Richneck and sent him to another school for the remainder of the year, but allowed him to return to Richneck for first grade in the fall of 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 with it," and was cursing staff and teachers, it says. Under the modified schedule, one of the boy's parents was required to accompany him during the school day.
“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. Often after he was taken to the office, “he would return to class shortly thereafter with some type of reward, such as a piece of candy," according to the lawsuit.
The boy's parents did not agree for him to be put in special education classes where he would be with other students with behavioral issues, the lawsuit states.
Zwerner suffered permanent bodily injuries, physical pain, mental anguish, lost earnings and other damages, the lawsuit states. It seeks $40 million in compensatory damages.
The filing comes after Zwerner's attorney, Diane Toscano, announced her intention to file suit against the school system in late January. Since then, Virginia Beach personal injury attorney, Jeffrey Breit, joined the effort to fight for Zwerner's case in court.
The Associated Press contributed to this report.
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