A judge in Virginia has ruled that a teacher who was shot by her 6-year-old student in class can press forward with a $40 million lawsuit.

      • Nelots@lemm.ee
        link
        fedilink
        English
        arrow-up
        11
        arrow-down
        1
        ·
        edit-2
        1 year ago

        Lawyers for Newport News Public Schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers’ compensation. It provides up to nearly 10 years pay and lifetime medical care for injuries.

        Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: “It was not an actual risk of her job.”

        This is the good bit though:

        “The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age,” school board attorney Anne Lahren said in a statement.

          • Nelots@lemm.ee
            link
            fedilink
            English
            arrow-up
            1
            ·
            edit-2
            1 year ago

            No, sorry, I probably shouldn’t have included that part of the quote. Zwerner is the teacher that got shot, that’s her attorneys arguing that. The school is trying to claim it is an unfortunate but common occurrence.

  • robocall@lemmy.world
    link
    fedilink
    English
    arrow-up
    134
    arrow-down
    1
    ·
    1 year ago

    IIRC the teacher expressed concerns about the student having a gun, and the school administration said something like, “he has tiny pockets! a gun can’t fit in tiny pockets” and she got shot like less than an hour later. I used quotations but it’s not an exact quote.

    • PatFusty@lemm.ee
      link
      fedilink
      arrow-up
      121
      ·
      edit-2
      1 year ago

      This is actually kind of hilarious, how do you fuck up this bad

      https://apnews.com/article/newport-news-school-shooting-a40dfad64388aadf1f90211177412522

      The administrator downplayed the report from the teacher and the possibility of a gun, saying — and I quote — ‘Well, he has little pockets,’ ”

      Shortly after 1 p.m., another teacher told an administrator that a different student who was “crying and fearful” said the boy showed him the gun during recess and threatened to shoot him if he told anyone. Again, no action was taken, she said.

      When another employee who had heard the boy might have a gun asked an administrator to search the boy, he was turned down, Toscano said. “He was told to wait the situation out because the school day was almost over,” she said.

      • cuibono@lemmy.world
        link
        fedilink
        arrow-up
        27
        ·
        edit-2
        1 year ago

        Can we just get whoever these chucklefucks are and ask them why they were so unconcerned with the fact that three different people came to them talking about a 6 year old they’re in charge of being seen with a gun?? Isn’t the normal response to ONE person telling you about a child being seen with a gun on school grounds to actually investigate whatever is going on?

      • Fisk400@feddit.nu
        link
        fedilink
        arrow-up
        25
        ·
        1 year ago

        I remember when a kid got suspended because he pointed a chicken nugget at a teacher and said bang…

    • cuibono@lemmy.world
      link
      fedilink
      arrow-up
      13
      ·
      1 year ago

      When you’ve got this level of stupidity in charge of those expected to educate the next generation, I think you may have already lost.

  • JakenVeina@lemm.ee
    link
    fedilink
    arrow-up
    36
    ·
    1 year ago

    Forget the school, the individuals in the administration are the ones that need to be sued.

      • JakenVeina@lemm.ee
        link
        fedilink
        arrow-up
        22
        arrow-down
        3
        ·
        edit-2
        1 year ago

        Like the school district is going to be able to pay out $40 million.

        Point being, the school district will shoulder all the consequences, or just declare bankruptcy, all at the expense of the taxpayers and the students and teachers that all of those taxes are supposed to be going to, while the actual people that made reckless and criminal decisions face almost no personal consequences.

        • Car@lemmy.dbzer0.com
          link
          fedilink
          arrow-up
          4
          arrow-down
          18
          ·
          1 year ago

          While I agree that the individuals in the administration who touched the issue and failed to act should be at the very least fired for negligence resulting in serious bodily harm, I don’t think they did anything criminal. They made some poor decisions and a woman was hurt under their purview - they did not cause the woman to be shot.

          • Caradoc879@lemmy.world
            link
            fedilink
            arrow-up
            18
            ·
            1 year ago

            They did commit criminal acts. Criminal negligence and child endangerment. Multiple people reported the existence of a gun on the premises and a person stating intent to use it. Doesnt matter if that person was a child. The administrators knew a gun was in the posession of a child and failed to call the police or secure the weapon.

            I’d throw a charge of child endangerment on those administrators for each child in the school.

            if a gun is reported and you fail to act, you deserve prison.

    • Pons_Aelius@kbin.social
      link
      fedilink
      arrow-up
      9
      arrow-down
      2
      ·
      1 year ago

      Not in a civil suit. They were working in their position as the legal authority of the school, making decisions in that role and not as private citizens.

      They were the school and the school is liable.

      • Caradoc879@lemmy.world
        link
        fedilink
        arrow-up
        14
        ·
        1 year ago

        No, they need individual punishmemt, too. Same with cops. Same with business executives. They all hide behind their position and avoid personal consequences. Like the south park “we’re sorry” episode mocking BP?

        We need to be holding individuals accountable when the institution let’s things happen. It’s the only real way to get bad people out of power.

        • Pons_Aelius@kbin.social
          link
          fedilink
          arrow-up
          3
          arrow-down
          1
          ·
          1 year ago

          Forget the school, the individuals in the administration are the ones that need to be sued.

          No, they need individual punishmemt, too.

          They were not saying as well but instead of.

          Personally, I believe they should be barred from any position in education but that is not what I was replying to.

          • Caradoc879@lemmy.world
            link
            fedilink
            arrow-up
            2
            ·
            1 year ago

            Barring them isn’t enough. The only acceptable place is prison. Criminal negligence and child endangerment charges at the minimum.

            • Pons_Aelius@kbin.social
              link
              fedilink
              arrow-up
              1
              ·
              edit-2
              1 year ago

              You have your opinion, I have mine.

              Criminal negligence and child endangerment

              That sounds like something for the person (parent, I assume) that gave the child access to a pistol.

      • Aniki 🌱🌿@lemm.ee
        link
        fedilink
        arrow-up
        1
        ·
        edit-2
        1 year ago

        They can be individually responsible if they knowingly broke the law, which a where a civil suit starts, to determine if there was culpability and what the damages could be, if any.

        • Pons_Aelius@kbin.social
          link
          fedilink
          arrow-up
          1
          arrow-down
          1
          ·
          1 year ago

          They were not saying as well but instead of.

          Personally, I believe they should be barred from any position in education but that is not what I was replying to.

  • frunch@lemmy.world
    link
    fedilink
    arrow-up
    29
    arrow-down
    5
    ·
    edit-2
    1 year ago

    That 6 yr old is gonna have to work a lot of jobs to pay back that 40 mil, hell of a grindset they worked out

  • TheDarksteel94@sopuli.xyz
    link
    fedilink
    arrow-up
    23
    arrow-down
    1
    ·
    1 year ago

    Wtf are the kid’s parents doing? Like, how does a 6 year old smuggle a loaded weapon out of the house? And why would they even have that in the house? (I know it’s in the US, that last question was more of a rethorical one.)

    • pewter@lemmy.world
      link
      fedilink
      arrow-up
      15
      ·
      edit-2
      1 year ago

      From what I remember about this case the mother had terrible gun safety (obviously) and the child was mirroring terrible behaviors he’d seen from the father. The father has been accused of aiming a gun at an extra [ex]girlfriend and attempting to choke out another.