GILBERT, Ariz. — The father of a teen who was attacked on video at a Gilbert In-N-Out parking lot in August 2023 filed a notice of claim for a second civil suit in response to ongoing group teen violence in the East Valley.
Richard Kuehner's lawyer filed the paperwork Monday on behalf of Kuehner and his son. Kuehner last week filed a lawsuit against nearly 50 people including teen suspects in several group violence cases and their parents.
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In the notice of claim filed Monday, Kuehner names Chandler Unified School District governing board members, superintendent, Perry High School principal and vice principal, and the Gilbert Police Department. He claims school officials were negligent in providing a safe learning environment for his son and did nothing about the threats his son received before the attack. He also alleges the Gilbert Police Department failed to do anything about harassment he and his son received and closed his son's assault case despite video evidence of the altercation.
VERSIÓN EN ESPAÑOL: Padre de víctima de violencia entre adolescentes va en contra de la policía y escuelas en segunda demanda
Kuehner said in July 2023, his son entered his junior year at Perry High School in Chandler. He was an accomplished student and swimmer. But then he received a threat saying he would be attacked. A month later, Kuehner said his son was attacked outside the In-N-Out, adding that it was six against one.
Court documents say Kuehner went to Perry High officials and showed them the threats prior to the attack, including a picture of a gun pointed at the camera with the caption, "do we understand each other?"
Kuehner claims the vice principal and school resource officer "suggested" there was nothing they could do.
Kuehner said he tried to push the concern over threats up the chain to the superintendent who was out of town. He was told someone at Perry High would return his call at a certain time on a certain day but never got that call. The students accused of making threats faced zero consequences, he said in court paperwork.
After the attacked, Kuehner said police were able to get a written death threat toward his son, IDs on two suspects by the victim and a video showing two faces of the two named attackers, court docs show.
When speaking with one of those suspects at their home, the document claims the teen showed police the video of the attack and insisted the he did nothing wrong, "merely running toward the fight with a cocked fist," it reads.
Yet, police closed the case citing a lack of probable cause.
He then went back to the school where the principal and SRO "refused to take any meaningful action" against the two teen suspects. Instead, the court docs say a teen was moved to the other side of the classroom from the victim.
Kuehner called the police and school districts' actions a "non-response to death threats and gang violence."
Kuehner is asking $5 million from the district for his son and $1 million for himself to "resolve all claims."
A CUSD spokesperson said the district cannot comment on matters that are subject to potential litigation.
A Gilbert Police Department spokesperson also said they cannot comment on pending litigation, but the department has not yet received the Notice of Claim.
Chief Michael Soelberg will still hold his weekly press conference to give updates on the department's ongoing teen assault investigations.
