SwimRVA lawsuit: Inflatable blocked lifeguard when King Overton drowned

HENRICO COUNTY, Va. — The family of King Overton has filed a $100 million wrongful death lawsuit against SwimRVA, four months after the 9-year-old drowned at a Henrico County summer camp.

Civil rights attorneys Ben Crump and Mark Krudys are set to announce the lawsuit Friday afternoon at a news conference alongside King's family. The attorneys said King could not swim and that his mother, LaTaisha Johnson, had enrolled him in the camp so he could learn. [Click here to watch the news conference at 3:30 p.m.]

The lawsuit was filed by Johnson and Khalil Hart as administrators of King's estate. In addition to $100 million in compensatory damages, the suit seeks punitive damages — up to $350,000, the maximum allowed under Virginia law. The family is also demanding a jury trial.

WATCH: 'We just need answers': Family speaks out one week after 9-year-old drowned at Henrico swim camp

According to the lawsuit, King entered the pool on June 15 during an unstructured "free swim" period — despite not knowing how to swim.

A girl about 7 years old spotted King in the pool and notified a bystander, who found him just beyond the shallow end rope in just over 4 feet of water.

The lawsuit also alleges an inflatable play structure was positioned in the middle of the pool, directly in front of the only staffed lifeguard stand at the time.

Tom Nash, a former Style Weekly reporter whose 6-year-old son was also at the camp that day, wrote in Style Weekly that he noticed the water slide when he arrived. Nash also provided CBS 6 a photo he says he took that morning, showing the inflatable structure in the pool.

RELATED: He loved motorcycles. So 600 RVA riders strapped teddy bears to their bikes in his honor

According to King's family, they still have not been told how long he was underwater before his death.

In August, a special prosecutor took over the case following the discovery of a conflict of interest inside the Henrico Commonwealth's Attorney's Office. A criminal investigation remains underway.

CBS 6 reached out to SwimRVA for a response to the lawsuit and received this statement:

“The death of King Overton was a tragedy, and our thoughts remain with his family. Because legal proceedings are ongoing, we cannot comment on specific allegations. We are confident the legal process will allow for a full and fair examination of the facts.”