Virginia Teacher Shot by 6-Year-Old Sues School for $40 Million
The Virginia teacher shot by her 6-year-old student filed $40 million against Richneck Elementary School. Jay Paul/Getty Images

A Virginia teacher has filed a lawsuit seeking $40 million in damages from officials of the Richneck Elementary School in Newport News after a six-year-old student shot her.

According to BBC, the lawsuit filed Monday claimed that the school officials ignored the "warning signs" as they knew the child "had a history of random violence."

Abigail "Abby" Zwerner, 25, spent two weeks in the hospital after being shot in the hand and upper chest on January 6. She already underwent surgery four times.

Newport News is located northwest of Virginia Beach, and the boy lived there and attended Richneck Elementary School.

The child reportedly took his mother's gun, which was purchased legally, and brought it to the school in his backpack.

The first-grade Virginia teacher, who the boy shot, ensured the other students' safety first before calling for help.

"She is a trooper. She is a hero," police chief Steve Drew said after the incident.

Virginia Teacher's $40 Million Lawsuit

Many people were shocked by the news of the shooting and wondered how a child could get his hands on a gun and shoot his teacher.

Named defendants in the complaint are the Newport News School Board, former Superintendent George Parker III, former Richneck principal Briana Foster-Newton, and former Richneck assistant principal Ebony Parker, the Associated Press reported.

Michelle Price, a spokeswoman for the school board, told the AP that the board had not yet been served with the lawsuit. She noted that the school division refers all legal claims information to its insurer.

In a statement, the board said its top concern is ensuring its employees' and students' health and safety. They also expressed their continued support for Abigail Zwerner and prayed for her recovery.

The statement added that the school board and the leadership team of the school division will do everything to ensure "a safe and secure teaching and learning environment across all our schools."

The school board fired the superintendent, and the assistant principal resigned, but the child has not been charged, nor has anyone else.

The school board has reportedly voted to buy metal detectors and clear backpacks for all students.

Virginia Teacher Warned That the Boy Was in 'Violent Mood'

The complaint alleged that on the day of the shooting, the Virginia teacher warned Parker that the boy was in a "violent mood," CNN reported.

The complaint further noted that a guidance counselor and administrator in the school said Parker also "forbade" teachers from searching the child for a gun, telling them his mom would be arriving soon to pick him up.

The suit said within an hour of Parker's refusal to allow anyone to search the boy for a firearm, the child pulled the gun out of his pocket and aimed it at Abigail Zwerner.

The boy shot the Virginia teacher as she was sitting at her reading table in the classroom. The child shooter needed a parent present during school hours for the first half of the school year "due to his violent tendencies."

But on that day of the shooting, school officials "allowed him to remain unaccompanied without a one-on-one companion."

"We will regret our absence on this day for the rest of our lives," the boy's family said last January.

A lawyer for the boy's family, James Ellenson, said on Monday that the allegations made in the lawsuit against the child and his family "should be taken with a large grain of salt."

"We continue to pray for Ms. Zwerner's complete recovery," Ellenson said. "There is still the potential for criminal charges, and there is no further comment."

Newport News Commonwealth's Attorney Howard Gwynn told WTKR last month that the child will not be criminally charged.

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Written by: Bert Hoover

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