NEWPORT NEWS, Va. — A 9-year-old boy with autism and severe cognitive disabilities was allegedly hit by a Newport News bus assistant in September, according to a lawsuit.
According to court documents, the alleged incident happened on Sept. 30, 2022. A young boy who is nonverbal and has seizure disorders was on a bus headed home from Kiln Creek Elementary when, allegedly, a bus assistant struck the boy in his face and twice said she wished she could "whip his tail."
Court documents show the incident was caught on camera, but in a response to the complaint, the school said the video does not show that happening.
The lawsuit also alleges the assistant allowed the 9-year-old to get off the bus naked from the waist down. The school's response was that the boy removed the clothes himself and the female assistant was not comfortable re-dressing him.
Court documents also show the previous day, Sept. 29, that same assistant called the boy an "animal" and a "monkey."
The attorney representing the family says the bus assistant, bus driver, and school board are all grossly negligent in this incident.
The school board filed to withdraw the complaint, citing sovereign immunity, according to documents.
Legal analyst Eric Claville told News 3 sovereign immunity means that a government entity, including a school board, cannot commit a legal wrong and are immune from civil and criminal prosecution.
Claville said there is one big exception.
"If an employee of a governmental entity or agency of a state, city, town, municipality or even school board is acting in a way of gross negligence, wanton and reckless, outside of the scope of their normal employment, then the doctrine of sovereign immunity would not apply," said Claville.
The documents also state that the bus assistant and driver were issued a warning via a letter in December and have remained employed by the Newport News Public Schools with pay and in charge of students.
The family of the boy wants $15 million and a trial by jury for physical pain, mental anguish and emotional distress.
News 3 reached out to the family's attorney as well as Newport News Public Schools for comment. So far, neither have responded.
