DENVER — The two deans shot by a student at Denver's East High School last year have taken the first step in filing a lawsuit against Denver Public Schools.
Deans Eric Sinclair and Jerald "Wayne" Mason were shot multiple times when a student, Austin Lyle, fired a gun as he was being searched for weapons on March 22, 2023. Lyle was required to be patted down for weapons as part of his safety plan.
Documents obtained by 9NEWS show Sinclair and Mason each filed a notice of claim in September 2023. State law requires a notice of claim before a lawsuit is filed against a public entity.
Sinclair was patting Lyle down for weapons before Lyle shot him and Mason. The deans are calling the school district negligent for the decisions made before the shooting.
Before attending East High, Lyle was expelled from Cherry Creek Schools for issues with firearms. Sinclair's claim says he was also on probation for a weapons charge.
A Denver Police Department report obtained by 9NEWS says Denver Public Schools at first only required Lyle to do a verbal check-in with staff. It wasn't until a student reported seeing Lyle with a gun in class that he was required to be patted down for weapons. The shooting happened a few weeks later.
In his claim, Sinclair said the assistant principal and the student safety coordinators failed to follow proper safety protocols. The claim says a few weeks before the shooting, a student reported seeing Lyle with a gun in class. When DPS employees tried to search the student, the claim says, he ran from the school, but was later permitted to return to class.
"On information and belief, at no time prior to the student's return to classes did [the assistant principal] or [the principal] report the incident up the chain of command, follow proper safety protocols, complete a preliminary or full threat assessment, and/or take reasonable action to protect faculty, staff, and students, including Eric Sinclair, from a reasonably foreseeable harm," the claim says.
The claim also says DPS Superintendent Alex Marrero and the school board were aware of safety concerns and deficiencies in the district's school safety policies and protocols.
Both Sinclair and Mason name the district and the school board as involved parties in their claims.
Sinclair said his damages exceed $1 million. Mason said his damages exceed $5 million.
Denver Public Schools said they cannot comment on possible lawsuits.
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