The family of a Colonel Zadok Magruder High School student has filed a civil lawsuit against Montgomery County and the Board of Education over a shooting in January.

The lawsuit, which was first reported by Bethesda Beat, alleges that school officials were negligent in preventing the shooting of DeAndre Thomas, who was severely injured in the incident. It also claims the shooting at Magruder occurred “at a time when serious violent incidents therein were greatly increasing,” and that the removal of school resource officers (SROs) from schools was one of the reasons it was not prevented.

The 13-page document was filed in the Montgomery County Circuit Court after Steven Alston Jr. pled guilty last month to attempted first-degree murder for the shooting.

According to multiple reports, Alston assembled and fired a “ghost gun” and was not arrested by police for several hours. The incident is alleged to have stemmed from a fight inside of a campus bathroom between Alston and Thomas, who were 17 and 15 years old at the time, respectively.

The lawsuit asserts that Alston’s behavior in the days leading up to the shooting should have prompted school officials to intervene. The document also cites multiple incidents, including a student bringing a loaded gun to Wheaton High School, to argue that violence was increasing throughout MCPS schools after the removal of SROs from schools by the Montgomery Council Council.

In the wake of George Floyd protests, the council in May 2021 voted unanimously to approve funding to replace SROs with Community Engagement Officers, who instead of being placed in schools would be deployed to patrol around schools, and would only be summoned to intervene in emergencies.

The lawsuit also cites an announcement from interim Superintendent Monifa McKnight in August of 2021 that the school district would be hiring 50 social workers as an alternative to help reduce violence, noting that at the time of the shooting, only around 20 of the positions had been filled and Magruder still had no social worker.

According to the plaintiffs’ argument, the recent policy in Montgomery County “deliberately created the opportunity for harm which would otherwise not have existed.” The lawsuit describes  widely announcing the removal of SROs from schools “almost as an invitation to violence against defenseless students.”

The lawsuit also argues that DeAndre Thomas was denied “his right to be free from physical assaults and attacks, and other physical, psychological and emotional harm,” as well as his right to a public education under Maryland law.

Scott Peterson, a spokesperson for the Office of the County Attorney, said, “Due to pending litigation, we are unable to comment on this lawsuit at this time.”

Jessica M. Baxter, the director of public information for MCPS, said the district is working to support community members and address safety following the shooting.

“We are limited in what we can say due to pending litigation. However, we respect the families right to pursue their legal options,” said Baxter. “MCPS remains committed to supporting the Magruder community following the tragic events that occurred on Jan. 21. We had a November community meeting that followed months of additional listening sessions with staff and families affected by this incident. We continue to engage with the Magruder community and remain steadfast in prioritizing safety and wellness across our school system.”

The plaintiffs are seeking compensatory damages, punitive damages, attorney’s fees and other relief. Sentencing in the criminal case against Alston is scheduled for Thursday at 9:30 a.m.