Lawsuit Filed By Family Of Student Severely Beaten In School Hallway

ELGIN, IL – The family of a Kenyon Woods Middle School student who was severely beaten by a classmate earlier this year has sued the middle school and Elgin Area School District U-46. The suit claims the school district should have known of the potential harm posed by the attacker, who had a history of "impending danger to other students." The lawsuit also points to the middle school's nurse failure to provide prompt and adequate enough care following the Feb. 3 beating in the halls at Kenyon Woods, the Daily Herald reports.

Sembdner suffered brain and skull injuries during the beating, which occurred after he bumped into the other student in the hallway, according to the Daily Herald. A petition filed by Kane County Circuit Court in February states the offender immobilized Sembdner "in such a manner that he could not escape or otherwise attempt to defend himself” and "savagely attacked him by throwing him to the ground headfirst and/or striking him in the face and head," according to media reports.

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Henry was taken to the school’s nurse who contacted Henry’s mom to report the then-seventh-grade student had a bloody nose and a broken tooth, according to the Elgin-Courier News. When Henry became nauseous and the school nurse noticed his eyes were swelling, she called emergency responders. When they arrived, Henry began to have seizures and went into a coma, according to the court documents.

It took the nurse 45 minutes before she called 911, the Daily Herald reports. And when she did call, the lawsuit claims she "did not reveal the full extent of Henry's injuries or the fact he was unconscious at one point. In truth, Henry had sustained severe trauma to his brain and multiple fractures to his face and skull."

• Family of Middle School Attack Victim Questions Time School Took To Call 911
  

Henry is now an eighth grader at Kenyon Woods Middle School and his attacker is attending a different school. He was hospitalized in the intensive care unit following the attack and returned to school after spring break earlier this year, the Elgin Courier-News reports.

The attacker, who is listed as John Doe in the lawsuit since he is a minor, was charged following the attack in juvenile court. He pleaded guilty to one count of aggravated battery causing bodily harm as part of a plea deal, according to the Elgin Courier-News.

The minor has been sentenced to 12 months probation, 100 hours of community service and was ordered to submit to random drug testing, cover court fees, complete counseling and write a letter of apology to Sembdner, according to the news article. He was also ordered not to have contact with Sembdner.

More via the Daily Herald

Photo via GoFundMe

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