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Abby Zwerner, Newport News teacher shot by 6-year-old student, filing $40M lawsuit

abby zwerner
Abby Zwerner
Abby Zwerner
School Shooting Newport News
Posted at 8:03 AM, Apr 03, 2023
and last updated 2023-04-03 14:40:15-04

RICHMOND, Va. (AP) — Abby Zwerner, the first-grade Richneck Elementary School teacher who was shot and seriously wounded by her 6-year-old student, is filing a lawsuit Monday seeking $40 million in damages from school officials, accusing them of gross negligence for allegedly ignoring multiple warnings on the day of the shooting that the boy had a gun and was in a “violent mood.”

Zwerner, 25, was shot in the hand and chest at the Newport News school on Jan. 6 as she sat at a reading table in her classroom. She spent nearly two weeks in the hospital and has had four surgeries since the shooting.

The shooting rattled the community and sent shock waves around the country, with many wondering how a child so young could get access to a gun and shoot his teacher.

The lawsuit names the Newport News School Board and several school district officials as defendants.

The defendants named in the suit are listed as follows:

  • The Newport News School Board, to include: Chairperson Lisa R. Surles-Law, Director of Legal Services Len Wallin, and Newport News City Attorney Collins Owens Jr.
  • Superintendent Dr. George Parker (Dr. Parker, who held the Superintendent position when Zwerner was shot, has since been firedby the school board.)
  • Richneck Assistant Principal Ebony Parker (Parker, who held the Assistant Principal position at Richneck when Zwerner was shot, has since resigned.)
  • Richneck Principal Briana Foster-Newton, (Foster-Newton held the Principal position at Richneck when Zwerner was shot. During a press conference in February, her lawyer said that she is no longer Richneck's Principal, but clarified that she is still employed by the district and will be reassigned.)

Below is a statement from Michelle Price with the Newport News School Board:
“At this time, the Newport News School Board has not yet received the legal documents. When the School Board is served, we will work with legal counsel accordingly. Our thoughts and prayers remain with Abby Zwerner and her ongoing recovery. As we have shared, as a school community, we continue to recover and support one another. We have been working in partnership with our community to address safety and security, student behavior and family engagement. The safety and wellbeing of our staff and students is our most important priority. The School Board and the school division’s leadership team will continue to do whatever it takes to ensure a safe and secure teaching and learning environment across all our schools.” 

The statement on behalf of Foster-Newton, released by Attorney Pamela J. Branch, reads as follows:

"Mrs. Briana Foster-Newton will vigorously defend any charges brought against her as a part of the lawsuit filed by Ms. Zwerner and respond accordingly. In addition, we are exploring the possibility of a countersuit as it has been brought to our attention that prior to the shooting, another student in Ms. Zwerner’s class warned her in class that the six-year-old shooter had a gun and Ms. Zwerner allegedly told the student to sit down and be quiet. If this is true, Ms. Zwerner may have been able to avoid the injury she suffered and this will certainly impact her claimed damages. This information was never reported to Mrs. Newton. Our investigation of this new information is ongoing."

No one, including the boy, has been charged in the shooting. The superintendent was fired by the school board after the shooting, while the assistant principal resigned. The principal was reassigned to another job within the school district. The board also voted to install metal detectors in every school in the district, beginning with Richneck, and to purchase clear backpacks for all students.

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.

“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 Newport News school division had a duty to Abby. But they failed her miserably that day. As a result of their inaction, Abby was shot by a six-year-old student, and she will never be the same. She has endured four surgeries and still has a bullet lodged inside her. In addition to holding the school division accountable for its failures, this lawsuit is a means to deliver justice for Abby in this tragic but entirely preventable situation,” said Diane Toscano, one of the attorneys representing Zwerner.

Last month, Newport News prosecutor Howard Gwynn said his office will not criminally charge the boy because he wouldn’t understand the legal system and what a charge means. Gwynn has yet to decide if any adults will be charged.

The boy used his mother’s gun, which police said was purchased legally. An attorney for the boy’s family has said that the firearm was secured on a closet shelf and had a lock on it.