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Parent files lawsuit against Buffalo Public Schools, former superintendent following violence at McKinley High School

A 14-year-old student at the school was stabbed and a security guard was shot during a fight outside of the school in February.

BUFFALO, N.Y. — The mother of a student at McKinley High School has filed a lawsuit against Buffalo Public Schools and former Superintendent Dr. Kriner Cash after her child was attacked with a knife earlier this year.

The child, a 14-year-old student at the school, was stabbed and a security guard was shot following a fight outside of the school in February.

Two teenagers have been charged in connection with the incident.

The lawsuit filed by the teen's mother, Aurielle Austin, claims the district and Cash were aware of previous violent incidents and complaints of bullying, ignored threatening behavior at the school and failed to supervise students, allowing for a "culture of violence to develop within the schools."

The lawsuit says this "negligence resulted in needless suffering, and significant critical injuries" to the student.

The lawsuit seeks an undisclosed sum for damages.

According to the family's lawyer, John Elmore,  Dr. Cash was informed of the growing violence at McKinley back in December 2021 by Phil Rumore, President of the Buffalo Teacher's Federation and failed to proactively act in the best interest of students, faculty and staff. 

Elmore tells 2 On Your Side's Liz Lewin, "There were 40 instances of reported violence from September 21st up until he received that letter. The former superintendent failed, he was negligent in implementing procedures, and getting help in a school that really needed help. And as a result, my client was stabbed multiple times, and a security guard was shot. Both were injured by students of McKinley on the property of the school."

Elmore says his teenage client has gone through a lot at at this point and his mother, "wants her son to be made whole. She wants the school district to be safer for all children."

As for what's next? Elmore says a response from both the district and Cash are in order after which paper discovery and depositions will follow.

2 on Your Side did reach out the Buffalo School District who issued this statement in response to the lawsuit:

"Our collective hearts hurt for the student that was injured as a result of the violence outside of McKinley High School on February 9, 2022, and we wish him well as he continues his recovery. In light of this being a pending litigation matter, the District has no further comment at this time."

Austin spoke to 2 On Your Side's Claudine Ewing in February about her son's injuries and the violence at the school. 

"I will never get over this, I will never live this down, knowing that it could have been prevented," she said. "He is struggling with the idea that he experienced his freshman year this way and that he is pretty much on his own. He still feels left to die."

 You can watch that interview here

    

  

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