Two East High School administrators who were shot by a student in 2023 have filed a notice of their intention to sue several staff members, the district, and the school board.
The notice of claims for Jerald "Wayne" Mason and Eric Sinclair, shot by student Austin Lyle, 17, represents a preliminary procedure before a lawsuit is filed. KDVR first obtained the notices, which were filed in September, from Denver Public Schools.
On March 22, 2023, both deans were shot by Lyle, who was on a safety plan, during a routine pat down, which was usually conducted by a different faculty member according to police. Lyle had been expelled from a previous school for issues relating to firearms and was on probation for a weapons charge when he enrolled at East.
Both notices of intent cite "negligence, recklessness, and willful and wanton conduct" on the part of the district, school board, and East High School.
Mason's claim said he was shot numerous times and suffered many "serious, permanent and debilitating physical, emotional and psychological injuries resulting in physical impairment, physical disfigurement, and extensive economic and non-economic losses."
He is seeking $5 million as he continues to need significant medical care.
Sinclair had serious injuries that required surgery including gunshot wounds, blood clots in the lungs, and fractured ribs.
His claim states that monetary damages can't be determined at this time but exceed $1 million.
The notices allege that several DPS employees, including assistant principal Shawne M. Anderson, principal Terita Walker, three other student safety coordinators, DPS Superintendent Alex Marrero, and district board members, failed to follow proper protocols for conducting threat assessments, and failed to initiate reasonable safety plan protocols to protect staff from foreseeable harm.
Two weeks before the shooting, Lyle was seen with a gun in class, and several employees, including Anderson, were made aware of potential danger. When DPS employees tried to search him, Lyle ran from school but was later permitted to return.
The claims allege that school leaders failed to report the incident "up the chain of command," follow proper safety protocols or complete a preliminary of a full threat assessment. They allege the school leaders failed to protect staff from "reasonably foreseeable harm."
They allege that Superintendent Alex Marrero and the board were aware of safety concerns, and deficiencies in safety protocols and were aware of requests to provide additional safety measures to East High School.
The notices cite Colorado's Claire Davis Act, which requires schools to exercise reasonable care to protect students, faculty, and staff from harm when the harm is reasonably foreseeable.
Denver Public Schools has said they don't comment on pending litigation.
