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RICHMOND, Va. (AP) — A first-grade Virginia teacher who was shot & seriously wounded by her 6-year-old student filed 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 & was in a “violent mood.”

Abby Zwerner, a 25-year-old teacher at Richneck Elementary School in Newport News, Virginia was shot in the hand & chest on Jan. 6 as she sat at a reading table in her classroom. She spent nearly 2 weeks in the hospital & has had 4 surgeries since the shooting.

No one, including the boy, has been charged in the shooting. 

In the lawsuit, Zwerner’s attorneys say all of the defendants knew the boy “had a history of random violence” at school & at home, including an episode the year before, when he “strangled & choked” his kindergarten teacher.

“All Defendants knew that John Doe attacked students & teachers alike & his motivation to injure was directed toward anyone in his path, both in & out of school & was not limited to teachers while at the school,” the lawsuit states.

School officials removed the boy from Richneck & sent him to another school for the remainder of the year, but allowed him to return 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,” & was cursing staff & teachers, it says. Under the modified schedule, one of the boy’s parents was required to accompany him during the school day.

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