On the eve of the second anniversary of the Feb. 13, 2023 campus shooting, a lawsuit was filed on behalf of a student who witnessed the tragedy, asking for $50 million in damages.
According to the lawsuit, MSU student Justin Bowman was attending a class at Berkey Hall in room 114 at the time of the shooting when he saw the gunman enter the classroom and fire repeatedly, shooting seven students.
This is not the first time a student has taken legal action against the university over the shooting. Nate Statly and Troy Forbush, who were in the same classroom and injured, have also filed notifications of intent to sue MSU in the past for a failure to implement proper safety measures.
The families of Arielle Anderson, Brian Fraser and Alexandria Verner also reached a $15 million settlement with MSU in December 2023.
This suit argues that the shooting was entirely preventable as every party which the lawsuit filed against "created and increased dangers then-existing at Michigan State University" and "committed conduct amounting to gross negligence," which caused permanent physical and emotional trauma to Bowman and others.
The lawsuit was filed against the following parties:
The suit describes the moments after the gunman began firing in the classroom as Bowman maneuvered through bodies and blood while playing dead to save his life. It says he was covered in the blood of his classmates, and when students began to escape through the windows he saw a student who had been shot, gasping for air and another struggling for her life.
Bowman did not want the student to die alone and chose to hold and comfort her while also trying to use his shirt to stop the bleeding and save her life, according to the lawsuit.
"The classmate died as Mr. Bowman sat there holding her," the lawsuit said. "Every single day, Mr. Bowman thinks of this horrific event and relives that tragic time."
The suit claims that since Bowman is alive, MSU has taken the position that he is not entitled to compensation. However, he has suffered from mental and emotional wounds like post traumatic stress disorder, anxiety, mental anguish and the need for therapy.
The trauma inflicted upon Bowman and others could have been prevented in several ways, the suit claims: MSU had the technology and equipment to allow for virtual classes to be held, the ability to retain security personnel and other appropriate measures to secure instructional buildings, the money and funding to install door locks to Berkey Hall and other campus buildings that were left open to the public and implement other security measures.
Additionally, the suit claims that MSU had the ability to lock down all doors remotely but could not due to the software not being up to date, a decision made by Woodruff and Lynch despite safety concerns.
Students and faculty also voiced concerns regarding building safety including the lack of locks five months prior to the shooting at a public meeting where Woodruff and Lynch were present, the suit says.
The suit argues that these actions by Woodruff, Lynch and the other parties substantially increased the risk that Bowman and others would be exposed to violence.
Since the shooting, the university has undertaken several security upgrades like installing and updating door locks on over 700 classroom doors, expanding security camera coverage and restricting building access on campus.
Spending only 0.3% of their budget, MSU could have implemented proper security measures that could have kept Bowman and his classmates safe, the suit alleges.
"Defendants made the choice, in the face of students and staff voicing safety concerns, not to implement basic security interventions that would have cost less than half of a percent of the budget to keep staff and students safe," the suit said.
Bowman is suing the aforementioned parties for violations of civil rights and the 14th amendment, gross negligence and fraud, and misrepresentation of the safety of MSU’s campus.
MSU spokesperson Mark Bullion declined to comment, saying the university does not comment on any pending litigation.
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In a statement provided to The State News by Christensen Law, Nora Hanna, the attorney representing Bowman, said, "This lawsuit is about justice, accountability, and ensuring that no other students, faculty, or families have to endure the pain and suffering caused by institutional failures."
"The university had a duty to protect its community, and it failed. Our client deserves answers, and he deserves change.”
