(CNN) The first-grade teacher who shot a 6-year-old student in her Newport News, Virginia, classroom earlier this year filed a lawsuit against school administrators and the school board on Monday, saying they were aware of the student’s “history of random violence” and did not act proactively amid concerns about a weapon the boy was holding on the day of the shooting, according to the lawsuit obtained by CNN.
In the lawsuit, which seeks $40 million in compensatory damages, an attorney for teacher Abigail Zwerner, 25, says school staff and administrators at Richneck Elementary School knew the boy was violent at home and the his parents refused to put him in special education classes. .
The lawsuit also says the school’s assistant principal ignored concerns and warning signs flagged by several teachers and staff, including that the 6-year-old may have a weapon in his possession. in the hours before the January 6 shooting, which left. Zwerner was hospitalized after the bullet went through his hand and his chest.
Assistant Principal Ebony Parker, a defendant in the lawsuit, ignored “at least three separate warnings from faculty and staff that the students had seen a weapon” and that the student “was taking something that was likely a firearm from his backpack before it was searched. ,” the complaint filed in Virginia Circuit Court on behalf of the City of Newport News states.
When told by a school staff member that the student took the gun from his backpack and put it in the pocket of his hoodie sweatshirt, Parker responded by saying that his “pockets are too small to hold a gun” and he ignored the staff. ‘ concern, according to the lawsuit.
A guidance counselor and administrator at the elementary school said Parker also “forbade” teachers from searching the 6-year-old for weapons, saying his “mother would be coming soon to get him,” according to the complaint. .
CNN could not reach Parker for comment Monday morning.
The lawsuit says that within an hour of Parker’s “specific refusal” to allow anyone to search the student for a gun, the boy pulled a gun from his pocket, pointed it at Zwerner and shot him. as he sat at his desk reading. the classroom.
Injured teacher warns child in ‘violent situation’
On the day of the shooting, Zwerner informed Parker that the student was in a “violent mood,” the complaint said.
For the first half of the school year, the 6-year-old must be accompanied by a parent during the school day “because of his violent tendencies.” But that day, school administrators “allowed him to remain unaccompanied without a one-on-one partner during the school day,” the complaint states.
“We will regret our absence on this day for the rest of our lives,” said the child’s family in a statement last January.
“Our hearts go out to our son’s teacher and we pray for his recovery after an unimaginable tragedy as he selflessly served our son and the children of the school,” the statement said.
James Ellenson, an attorney for the boy’s family, said, “No comment,” when reached Monday.
The boy will not be criminally charged, Newport News Commonwealth’s Attorney Howard Gwynn told CNN affiliate WTKR last month.
The lawsuit states that in the 2021-2022 school year, while in kindergarten, the 6-year-old boy choked and strangled a teacher; and that same year, he pulled the dress of a female classmate and touched her inappropriately in the school playground.
The complaint goes on to say that all of the defendants knew that the child had been removed from elementary school and sent to Denbigh Early Childhood Center during the 2021-2022 school year “for exhibiting violent behavior.”
Teachers at Richneck Elementary often bring student behavior to the attention of school administration but their “concerns are often dismissed,” according to the lawsuit.
In the complaint, Zwerner’s attorney said that when the boy was taken to the school’s administrative offices to address his behavior, he often “returned to the classroom shortly afterward with some sort of reward, such as a piece of candy.”
The lawsuit says some students sent to Parker’s office for disciplinary action “return to the classroom bragging about the candy they received.” As a result, “Parker’s administrative style was to allow students to engage in dangerous and disruptive behavior and there were no consequences for breaking the rules,” according to the lawsuit.
It’s this behavior that Zwerner’s attorneys say puts everyone at Richneck Elementary School and the community at risk.
In addition to $40 million, Zwerner’s attorneys are seeking interest and other damages in the lawsuit from the City of Newport News School Board and the school district superintendent, as well as Richneck Elementary School’s principal and assistant principal at the time of the shooting. .
The fallout from the shooting was swift, with Parker resigning two weeks ago and the principal, Briana Foster Newton, reassigned to another school. The incident, which drew heavy criticism from parents, also led the school board to vote out Superintendent George Parker III.
A statement from the school board said it was working with the community to address safety and security, but said it could not comment on the case.
“At this time, the Newport News School Board has not received the legal documents. If the School Board is served, we will work with legal counsel accordingly,” board officials said in a statement. “Our thoughts and prayers remain with Abby Zwerner and her continued recovery. As we shared, as a school community, we continue to recover and support each other. … (The board ) and the school division’s leadership team will continue to do whatever is necessary to ensure a safe and secure teaching and learning environment in all of our schools.”
CNN reached out to the private attorney for Brianna Foster Newton, and the City of Newport News Monday morning, but has not yet received a response.
In his first interview since the shooting, Zwerner told NBC that he will never forget the look on the boy’s face as he pointed the gun at him.
“I remember him pointing the gun at me, I remember the look on his face,” Zwerner said. “I remember the gun going off.”
Asked about his recovery, Zwerner said, “I’m doing OK. It’s challenging.”
“Some days are not very good days where I can’t get out of bed,” he told NBC. “Some days are better than others where I can get out of bed and make it to my appointments. But from what I’ve been through, I try to stay positive.”
CNN’s Andi Babineau contributed to this report.
