RICHMOND, Va. -- Lawyers for the mother and wife of the two people killed in last year's shooting outside the Altria Theater after the Huguenot High School graduation held a news conference Thursday addressing their recently filed federal lawsuit seeking $26 million in damages.
"The road to justice is almost there. We're halfway there," said attorney Joe Massie. He said with the criminal case involving Jackson's death concluded, that leaves the civil matter.
"It's been hell," he said of what the family has experienced for the past year.
The lawsuit names the Richmond School Board, Superintendent Jason Kamras, former Huguenot principal Robert Gilstrap, former Huguenot assistant principal Kevin Olds, and Jackson's guidance counselor, Monique Harris, as defendants.
"Both suits are, basically, premised on an idea, one they squeezed Shawn Jackson into that graduation, knowing that he had previous threats against his life, they had a duty to protect him," said attorney Brian Telfair, who alleged the victims' civil rights were violated and that staff were not properly trained and did not adequately prepare security measures at the ceremony. "They failed. They breached that duty. It's obvious that they failed in their duty to protect him, because of the fact that he passed away."
Telfair said school staff could have done several things to prevent their deaths, but did not. This included not allowing Jackson to take part in the ceremony as he was finishing classes at home due to threats of neighborhood violence.
"But, once they brought him into that ceremony, as I said, they had a duty to protect him…including afterward. After that ceremony ended, they could have just put them in a room and said once the crowd dissipates you can go, we'll get you into a car. That didn't happen," he added. "You had a duty, you breached that duty. But, it goes beyond that, in terms of constitutional violations. It's indicated in the Sands Anderson report. They failed to adequately train their employees because, quite frankly, one of the employees knew that he shouldn't have been there."
When asked for a response to the lawsuit, Kamras said, "We don't comment on pending litigation."
CBS 6 Legal Analyst Ed Riley said the lawsuit faces several hurdles, including qualified immunity for the defendants.
"They have some protections that are hard to get around. And the plaintiff's lawyer has to show deliberate indifference to the Civil Rights of these proceedings, deliberate indifference, that's pretty significant. And that's hard to get over, but it's not impossible," said Riley. "And if you read their cause of action…you will note all the things that they listed throughout that aiming at that deliberate or what they want the trier of fact…to believe as a deliberate indifference."
Riley added the lawyers would also have to show a practice of violating those rights.
"And that's not easy to show either," he said. "Because, typically, the idea of the school is to do just the opposite of that. Now, Richmond City Schools, like any other school system, are not perfect and people slip through the cracks and all that type of thing. But, it is a hard burden to get over."
The lawsuit said the family seeks a trial by jury. But, their attorneys said they are open to a settlement if it is reasonable.
"It's always good for the family. You don't have to go through this stress as much," said Massie.
Lawyers said while no date has been set for an initial hearing on this case, they expect one within the next two weeks.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
