CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO.

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STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE

AURIELLE AUSTIN, INDIVIDUALLY, AND AS

PARENT AND NATURAL GUARDIAN OF S.J.,
AN INFANT
564 Dodge St., Apt. 805

Buffalo, NY 14208 SUMMONS

Plaintiff, Index No.:

v.

BUFFALO PUBLIC SCHOOLS

717 City Hall

Buffalo, NY 14202

DR. KRINER CASH, FORMER SUPERINTENDENT

OF BUFFALO PUBLIC SCHOOLS
717 City Hall

Buffalo, NY 14202

Defendants.

TO THE ABOVE-NAMED DEFENDANT(S):

YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to

serve a copy of your Answer, or, if the Complaint is not served with a Summons, to serve a Notice

of Appearance on the plaintiff's attorney(s) within 20 days after the service of this Summons,

exclusive of the day of service, or within30 days after completion of service where service is made

in any other manner than by personal delivery within the State. In case of your failure to appear

or answer, judgment may be taken against you by default for the relief demanded in the Complaint.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 1 of 9
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Erie County is designated as the place of trial on the basis of Plaintiff's residence.

DATED: August 30, 2022

Buffalo, New York

John Elmore, Esq. and

Kristen Elmore-Garcia, Esq.

Attorneys for Plaintiff

JOHN V. ELMORE, P.C.

2969 Main St., Ste. 200

Buffalo, NY 14214

(716) 300-0000

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 2 of 9
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
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STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE

AURIELLE AUSTIN, INDIVIDUALLY, AND AS

PARENT AND NATURAL GUARDIAN OF S.J.,
AN INFANT

Plaintiff, COMPLAINT
v.
Index No.:
BUFFALO PUBLIC SCHOOLS and
DR. KRINER CASH, FORMER SUPERINTENDENT
OF BUFFALO PUBLIC SCHOOLS

Defendants.

PLEASE TAKE NOTICE, Plaintiff, AURIELLE AUSTIN, INDIVIDUALLY, AND AS

PARENT AND NATURAL GUARDIAN OF S.J., AN INFANT, above named, by and through

her attorneys, JOHN ELMORE PC, for her complaint against the Defendants, BUFFALO

PUBLIC SCHOOLS and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO

PUBLIC SCHOOLS, herein alleges:

1. At all times hereinafter mentioned, the plaintiff was and continues to remain a

resident of the State of New York, County of Erie, residing at 564 Dodge Street, Apt. 805, Buffalo,

New York 14208.

2. At all relevant times, Plaintiff AURIELLE AUSTIN, was the parent and natural

guardian of infant, S.J.

3. At all times relevant, infant-plaintiff, S.J., was a minor.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 3 of 9
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4. Upon information and belief, at all relevant times, Defendant, BUFFALO PUBLIC

SCHOOLS was and still is a public education corporation/municipality duly formed and existing

pursuant and subject to the laws of New York State with offices located at 712 City Hall, 65

Niagara Square, Buffalo, New York, County of Erie, New York 14202.

5. Upon information and belief, at all relevant times, Defendant, DR. KRINER

CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS, was the Former

superintendent of Buffalo Public schools on or about February 9, 2022 and in the immediate years

preceding.

6. On or about February 9, 2022 at approximately 3:45 p.m., Infant-Plaintiff, S.J. was

lawfully on the grounds of the defendant's property, BUFFALO PUBLIC SCHOOLS, located at

McKinley High School, 1500 Elmwood Ave, Buffalo, NY 14207.

7. The premises was owned, controlled, supervised, operated, and managed by

Defendant, BUFFALO PUBLIC SCHOOLS.

8. Defendant, DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO

PUBLIC SCHOOLS, was responsible for the control, supervision, management and operation of

the defendant, BUFFALO PUBLIC SCHOOLS.

AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS, BUFFALO

PUBLIC SCHOOLS AND DR. KRINER CASH, FORMER SUPERINTENDENT OF

BUFFALO PUBLIC SCHOOLS: NEGLIGENCE

9. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

neglected their duty to provide a safe and secure environment, in that their agents, servants and/or

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 4 of 9
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employees were negligent in failing to supervise students; in hiring and training of faculty, staff

and administration; failing to secure the school grounds; failing to suspend, properly discipline

and counsel students who have committed violent acts; ignoring threatening behavior from

students; ignoring credible complaints made by parents, school teachers and representatives from

Teachers'
the Buffalo Federation; allowing bullying, fighting and violent behavior from students

to escalate; negligently investigating incidents of student violence; failing to maintain a

disciplined, safe and organized school climate; and negligently allowing a culture of violence to

develop within the schools. This negligence resulted in needless suffering, and significant multiple

critical injuries to Infant-Plaintiff, S.J.

10. Upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS and

DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

knew or should have known of violence which was to occur against Infant-Plaintiff, S.J. through

multiple warnings and signs for concern that there was potential for violence.

11. That upon information and belief, on December 9, 2021, the President of the

Buffalo Teachers Federation Philip Rumore sent a memorandum to the defendants, BUFFALO

PUBLIC SCHOOLS and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO

PUBLIC SCHOOLS, advising that since September 2021, there had been 40 incidents of violence

at the school, and that there was a critical need for more security and community officers at the

school. There was also a request for more support teachers, counselors, psychologists, intervention

programs and resources.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 5 of 9
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12. Defendants failed to implement any safety recommendations to prevent the incident

of February 9, 2022.

13. Defendants failed to implement any of the safety recommendations of Mr. Rumore

Teachers'
and the Buffalo federation.

14. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

were aware of potential for violence involving the specific students who attacked Infant-Plaintiff

S.J., and Infant-Plaintiff's cousin, a fellow McKinley High School student whose identity was

SCHOOLS'
known to BUFFALO PUBLIC staff and/or administrators.

15. The defendants continued their pattern of inadequately addressing the potential for

violence on February 9, 2022.

16. Defendants failed to provide adequate and oversight for Infant-

security, protection,

Plaintiff S.J., and other students at the school.

17. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

were aware of the potential for violence and threats made specifically against Infant-Plaintiff's

cousin, in that the school's acting principal, Karen Kibler, as well as vice principal, Solomon

Jackson, had meetings with the student-attackers and Infant-Plaintiff's cousin.

18. Defendants, BUFFALO PUBLIC SCHOOLS and DR. KRINER CASH, FORMER

SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS, had an opportunity to review text

messages and social media messages threatening acts of violence.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 6 of 9
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19. This meeting occurred around 3:19 PM on February 9, 2022. All students were

allowed to return to their classes, and were dismissed from school without any security measures

offered to them for their safe transportation home.

20. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to notify the parents of the students who were attacked that there was a potential for violence,

even after having knowledge through the Defendant's meeting with students.

21. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to notify law enforcement of the potential for violence after having notice through their

meeting with students.

22. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to provide a safety plan, or safe transportation home from school after having notice through

their meeting with students.

23. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to prevent the individuals who attacked Infant-Plaintiff, S.J., from possessing a weapon (a

knife) on the subject premises.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 7 of 9
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24. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to provide the Infant-Plaintiff, S.J., and other students with a safe environment.

25. That upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS

and DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS,

failed to prevent the individuals who attacked Infant-Plaintiff S.J., from using said weapon (knife)

on the Infant-Plaintiff, S.J.

defendants'
26. That as a result of the negligence, Infant-Plaintiff suffered significant

damages/injuries including multiple stab wounds which required surgical intervention to prevent

the loss of his life.

defendants'
27. That as a result of the negligence, Plaintiff has suffered past damages

including medical expenses along with pain and suffering. In addition, Plaintiff will be making a

claim for future medical expenses, future lost wages, and future pain and suffering.

28. Upon information and belief, Defendants, BUFFALO PUBLIC SCHOOLS and

DR. KRINER CASH, FORMER SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS, have

a duty to provide for the safety and protection of students while they attend school.

29. Defendants, BUFFALO PUBLIC SCHOOLS and DR. KRINER CASH, FORMER

SUPERINTENDENT OF BUFFALO PUBLIC SCHOOLS, were negligent in that they failed to

uphold the responsibilities associated with this duty and these failures directly led to the serious

injuries suffered by the infant-plaintiff.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 8 of 9
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WHEREFORE, Plaintiff, AURIELLE AUSTIN, INDIVIDUALLY, AND AS PARENT

AND NATURAL GUARDIAN OF S.J., AN INFANT, demands judgment against the Defendants,

BUFFALO PUBLIC SCHOOLS and DR. KRINER CASH, FORMER SUPERINTENDENT OF

BUFFALO PUBLIC SCHOOLS, in the amount of money exceeding the monetary jurisdiction of

all lower courts and punitive or exemplary damages in a sum of money exceeding the monetary

jurisdiction of all lower courts together with interest and the costs and disbursements of this action.

DATED: August 30, 2022

Buffalo, New York

Jo . Elmore, Esq. and

sten Elmore-Garcia, Esq.
Attorneys for Plaintiff
JOHN V. ELMORE, P.C.
2969 Main St., Ste. 200

Buffalo, NY 14214

(716) 300-0000

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 9 of 9