Family of slain Michigan State student files legal papers over shooting

• The family of one of the three students killed in the MSU mass shooting has taken a step toward a possible suit  
• Earlier this week, two student survivors of the attack indicated they planned to sue the university 
• MSU has faced criticism over delays in issuing emergency alerts that night and for a lack of internal classroom door locks 

The family of Alexandria Verner, one of three students killed in a campus shooting at Michigan State University in February, has signaled it may sue the university. 

A lawyer for the Verner family filed a notice of occurrence of injury and defect this week with the Michigan Court of Claims. The document references part of the state Governmental Immunity Act, which outlines government agencies’ duties for repairing and maintaining public buildings. The court received the claim Tuesday, 120 days after the shooting, the deadline for filing that type of claim. 

Verner, 20, of Clawson, was in a classroom of students in Room 114 in Berkey Hall when a gunman began shooting students on the evening of Feb. 13. The gunman killed Verner and Arielle Anderson and critically injured several others. The gunman then went to the MSU Union, where he killed a third student, Brian Fraser. 

Related:

• Michigan State plans memorial for shooting victims as part of $2M in donations
• Two Michigan State shooting survivors plan to sue, citing MSU negligence
• Michigan State University expands ability to issue emergency alerts

The notice filed Tuesday is not a lawsuit against the university, but the filing suggests it could be a precursor.  

Under state law, government agencies can be found liable for bodily injury and property damage as a result of a “dangerous or defective condition” in a public building. An injured party must submit the notice within 120 days from when the injury occurred to be eligible for damages. Public universities are considered to be government agencies under state law.

Attorney David Femminineo, representing the Verner family, said in the court document that the university’s buildings, including Berkey Hall and the Union, had several defects. 

He said the buildings' access control systems failed to lock all doors and that key card access to these buildings was deactivated before the shooting allowing “unfettered access” to buildings.

Bridge previously reported that MSU officials had not publicly disclosed the timing of any lockdown measures that evening but that at least two MSU faculty members voiced concerns about the lack of classroom door locks at a meeting with university leadership including then-Chief of Police Marlon Lynch the previous September. 

Earlier this week, two of five injured survivors of the shooting, Nate Statly and Troy Forbush, filed documents indicating they plan to sue the university. 

MSU deputy spokesperson Dan Olsen issued a statement Thursday that mirrored a statement released earlier this week.  

“Many lives among our community have been profoundly impacted by the violence our campus experienced,” he said. “We are heartbroken and sorry for the tragic loss of life and each person harmed by senseless gun violence. MSU has been engaged in conversations with the families of those we lost and those injured to identify ways to provide ongoing support, and we are committed to keeping those lines of communication open.”

In the court document, Femminineo also accused the university of failing to maintain a proper emergency alert system, problems that Bridge Michigan reported on in the weeks after the attack. 

There was a delay of 12 to 13 minutes between the time the first frantic 911 calls came in about an active shooter and when police issued a campus-wide text message alert warning students and staff.  In that time, the gunman left Berkey Hall and entered the MSU Union where he shot Fraser before alert was sent.

“Emergency alert notification system failed to immediately and effectively notify all students regarding an active shooter and to take shelter,” Femminineo wrote in the document. 

MSU announced in March it would install classroom locks that allow those inside to lock the doors. The school also adjusted the hours in which someone could enter a university building without a key or keycard and said it would require Active Violent Intruder Training in the future. The university began installing these locks in late May.

Femminineo did not immediately respond to a voicemail Thursday seeking comment.