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Family of shooting victim files wrongful death lawsuit against DMPS, East High School

The family of 15-year-old Jose Lopez says the district failed to adequately secure East High School, despite previous knowledge of violence on school grounds.

DES MOINES, Iowa — The family of an East High School shooting victim has filed a wrongful death lawsuit against Des Moines Public Schools, claiming the district had previous knowledge of violence in and around the school's parking lot. 

The family of 15-year-old Jose Lopez, who was killed in the March 2022 drive-by shooting, says the district knew about an eight-month-long feud, rising tensions and previous incidents of violence — and failed to prevent the shooting.

The lawsuit comes just over two years after 10 teens in three cars fired at least 41 shots in the school's parking lot, killing Jose Lopez and severely injuring two other teens.

District employees, including a restorative safety coordinator, were aware of "violent altercations with dangerous weapons" between the shooting's parties before the tragedy took place, Polk County court documents allege. 

"At all relevant times before March 7, 2022, the District knew that the East parking lot was a hotbed for criminal activity, including violent fights involving students and non-students alike, drug activity, and underage drinking," court documents read. 

Though the district was allegedly aware of the potential for violence, it "failed to implement basic and adequate security protocols to ensure the safety of all individuals on East campus, including grossly inadequate public safety in the building and parking lot."

Court documents also cite a "lack of adequate competence, experience, and training" for those responsible for the safety of East High School's facilities. They claim the district ended SRO contracts in February 2021, opting to rely on safety coordinators and campus monitors instead.

The family's attorney, Scott Wadding, shared the following statement with Local 5:

"Jessica and Jose could have been any one of our children. Our kids deserve to be able to learn in a place that’s safe. No child should have to live in fear of being beaten, bullied, or shot at school. My clients are not only seeking monetary relief to hold the district accountable. My clients are also seeking injunctive relief to help make sure that the district does what’s needed to stop the violence and prevent shootings like this from happening again."

Jessica Lopez, an East student who was shot but survived, has also filed a lawsuit against the school and the district. 

"The shooting was not happenstance," the lawsuit reads. "It was the culmination of the Defendant’s yearslong violations of basic safety rules that gave rise to systemic and repeated acts of violence at East and tragically but predictably attracted violence to school grounds and resulted in the death of a child and severe injuries to two others, including Jessica."

In Aug. 3, 2023, the tenth and final suspect in the shooting pleaded guilty. 

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