Ella Whistler was shot seven times in the Noblesville West Middle School shooting –– now, Whistler and her parents have filed a lawsuit against the shooter’s parents.
The Whistler’s are suing on counts of negligence and strict liability according to a lawsuit filed in Hamilton County Superior Court.
Last month, a judge decided the 13-year-old shooter will be sent to a Department of Corrections juvenile facility until he completes the rehabilitation programs. The boy shot his classmate Whistler and teacher Jason Seaman on May 25.
The Whistler’s lawsuit alleges the parents of the 13-year-old shooter “should have known” he had violent tendencies and taken action to prevent their son from causing harm.
The eighth grader, according to the lawsuit, still suffers great physical challenges from the shooting. Her parents have said she needs help getting dressed and other basic tasks.
Whistler “still has multiple bullets lodged in her body, continues to suffer impairment and restrictions from her injuries continues to receive medical and rehabilitative care, will almost certainly never recover fully from her physical Injuries,” according to court documents.
Last month’s court hearing testimony revealed the 13-year-old boy used two of his parents’ guns to carry out the shooting. Court documents said the shooter’s parents kept their guns in a locked safe, but their son knew the key’s location.
The boy’s parents are not facing criminal charges.
Indiana Public Broadcasting is not naming the parents because their child was not tried as an adult.
Court documents did not detail any financial amount being sought from the lawsuit.