Appeals court: Students can sue over school attack
8:30 PM, May 19, 2014
INDIANAPOLIS - The Indiana Court of Appeals says two students hurt in a school shooting can sue the school district over their injuries.
The court ruled Monday a trial must be held to determine whether the Metropolitan School District of Martinsville is liable for the injuries suffered by Chance Jackson, then 15, and another student in the March 25, 2011, shooting at Martinsville West Middle School. Jackson was hospitalized for several weeks and required multiple surgeries.
The two victims argued the school district knew former student Michael Phelps had threatened Jackson and should have taken more precautions to prevent the attack.
The trial judge ruled the school district was not immune from liability. The appeals court upheld that ruling.
Phelps was convicted of attempted murder. He's serving a 30-year prison sentence.