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Martinsville Student Shot At School Sues School District

Last updated on Thursday, April 17, 2014

(MARTINSVILLE) - A survivor of a school shooting in Martinsville is taking his case to court.

The Indiana Court of Appeals heard oral arguments Wednesday in the case against Martinsville Schools.

The school district is being sued following the 2011 shooting which left one student seriously injured.

Michael Phelps, who was 15 at the time of the shooting, was convicted of attempted murder and sentenced to 30 years in prison. He was accused of shooting then 15-year-old Chance Jackson at Martinsville West Middle School.

Jackson's attorney, Ian Thompson said their argument is not about whether the school should have had more staff, security cameras or metal detectors. He said the school's security plan was carried out poorly especially because the staff knew Phelps was dangerous.

Tony Overholt, attorney for the school district, said anyone can come along and say the school should have done more. He said governmental agencies are immune from that according to the state legislature.

He added that Jackson knew of a threat from Phelps the day of the shooting but did not report it to officials, per school policy.

Each side had 20 minutes to make their arguments. The court did not give an indication as to when a decision will be made.

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