Families of Richneck students sue Newport News school system, allege failures allowed shooting

Seven families of Richneck Elementary School first graders who witnessed one of their classmates shoot their teacher, Abigail Zwerner, last year have each filed lawsuits against the Newport News School Board and three administrators seeking $3 million.

They claim the school board and administrators had many opportunities to take actions that would’ve prevented the shooting but did not. The administrators named as defendants, both as individuals and in their official capacities, are former Superintendent George Parker III, former Richneck Principal Briana Foster-Newton and former Assistant Principal Ebony V. Parker.

Each lawsuit, filed Thursday in Newport News Circuit Court, levels three charges: failing to report the concerns that the 6-year-old boy had a gun, gross negligence and infliction of emotional distress.

Multiple students have experienced heart palpitations, insomnia, headaches, nausea, digestive issues and bed wetting since the shooting, according to court documents.

The families argue the school’s leaders failed to provide Zwerner with the resources to maintain order in the classroom despite the student’s history of violent behavior which created a “longstanding risk” to those at the school. The suits say not acting on the multiple reports that the child had a gun amounted to “utter disregard” for the safety of the students.

The plaintiffs include six children, four of whom are being represented in court by their mothers, one by their father, and another by their grandmother and legal guardian. Also filing suit with identical charges is a grandmother of two students at the school who was in the front office to pick up her grandchildren at the time of the shooting and wound up being the first to attempt to render aid to Zwerner.

These seven lawsuits come two months after a Circuit Court judge ruled that Zwerner’s lawsuit against the same defendants could move forward.

Lowanda Sample-Rusk, the grandmother and guardian of one student in Zwerner’s class and another student at the school, in her lawsuit states that she was in the front office at the time of the shooting to pick up her grandchildren. She heard the shooting and ensuing chaos, and watched as Foster-Newton shut and locked her office door with a student inside.

Sample-Rusk was left in the office with another student who was alone, “terrified and crying,” and she “banged” on Foster-Newton’s door asking for her and the student to be let in. Court documents state that Foster-Newton opened her door, looked at Sample-Rusk and the student, then shut the door again without letting them in.

While out in the office, a wounded Zwerner entered and Sample-Rusk grabbed paper towels to stop the bleeding. She got the lone student to a hiding place and continued helping Zwerner, the lawsuit states.

Zwerner is suing the school system for $40 million, contending it failed to keep her safe.

Gavin Stone, 757-712-4806, gavin.stone@virginiamedia.com