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South Western High School in Hanover, Pa.

YORK – A York County school district is accused of not taking threats of violence seriously enough, leading to an attack that lacerated a high school student’s liver.

Mark Cohen at Morgan & Morgan on Dec. 26 sued the South Western School District of Hanover in the York County Court of Common Pleas. His suit is on behalf of a plaintiff known as K.J. in court documents.

Another student at South Western High School had threatened to “curb-stomp” K.J., and though reports of the menacing were recorded, they did little to stop a beating that occurred the next day – April 29.

“The specific harm to which Defendants school district exposed K.J. was foreseeable and direct in that they were aware that the other student(s) was violent and/or had a propensity for violence directed at K.J. and that their actions to address the threat of physical violence against K.J. from D.J. would result in harm to K.J., including but not limited to physical assault,” the suit says.

K.J. and his father made verbal reports of the threat of physical violence on April 28 with principal Keith Downs and others, the suit says. K.J. was told to come back the next day to fill out a written report.

But K.J. was ambushed the next day by the student, who slammed him in the bathroom, the suit says. The attack caused a liver laceration, injuries to vertebrae and permanent scarring, it adds.

K.J. is seeking compensation for his injuries plus for anxiety, fear and mental anguish. The school district knew the other student was violent but failed to follow through on its commitment “to create a safe, positive environmental for all students,” the suit says.

Officials are liable for a state-created danger, it adds.

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