Rushville family plans to sue after teen attacked at school

Rushville, Ind.

The family of a Rushville teen attacked at school plans to file a lawsuit against the district.

Surveillance video at Benjamin Rush Middle School taken on September 17th, showed a 15-year-old student beating 13-year-old Austin McDaniel as other students stand by and watch.

"It makes you sick to your stomach really," said McDaniel. He told Fox59, he doesn’t remember much of the attack, because he was knocked unconscious. "You just feel like nobody looks out for you or anything."

"It was horrifying," added his mother Nicole McDaniel. “He is very close to the office. He is very close to a classroom. Not one teacher, no one helps him."

She claimed the school let her son down by never calling 911 and waiting too long to call her.

"My son sat at the school with a head concussion and other injuries for an hour and 12 minutes before they called," she said.

Nicole McDaniel said the school also never alerted other parents or students about the attack and swept her son’s attack under the rug.

Eleven days later, McDaniel’s friend 13-year-old Logan Thompson said he was beaten up in retaliation.

"You have to like watch your back and make sure nobody's gonna attack you," said Thompson.

Both families told Fox 59, their sons' attackers were disciplined. Now they want the school to go a step further by enforcing a zero-tolerance policy and educating teachers and students about bullying. They hope to send a strong message with a lawsuit. An attorney representing the McDaniel family has already sent a Tort Claim Notice to Rush County Schools.

"This is a completely lack of supervision. It's a complete lack of watching what's going on in front of you," explained Ronald Frazier of Frazier Law Firm. "It's just every parent’s worst nightmare."

The district’s Superintendent, Dr. John Williams released this statement to Fox 59:
"At the advice of our attorney, I cannot comment on this at this time"

Nicole McDaniel said she wants to make sure no other student goes through what her son did.

"You go to bed every night seeing that video in your head and you wake up every morning watching that video in your head," she said.

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