A pair of New Mexico high school students dueled with swords in class at the behest of their teacher, badly and permanently injuring a teenage girl, her family said in a lawsuit reviewed by NBC News.
The civil action was filed by Arnold and Judy Gachupin, guardians and grandparents of a student — only identified as N.S. — who allegedly suffered severed nerves and tendons from a May 2, 2022 sword fight at Volcano Vista High School in Albuquerque.
The suit named Albuquerque Public Schools, Assistant Principal Manuel Alzaga and former chemistry teacher Loviata Mitchell as defendants.
Mitchell allegedly brought katana- and rapier-style swords to school that day, had students re-arrange desks to form a ring in the middle of class and had pairs of pupils square off, the lawsuit claimed.
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After the first pair of dueling science students completed their two-minute bout, N.S. and classmate D.M. were allegedly called by Mitchell to fight.
"D.M. struck N.S. across her right forearm, wrist, and hand with the katana-style sword," according to plaintiff's attorney Jessica Hernandez. "N.S. suffered a large and deep laceration across her right hand and wrist that is inconsistent with a 'prop' sword."
As soon as it became clear N.S., 16 at the time, was badly hurt, Mitchell allegedly screamed, "I'm in trouble!" and ordered students to delete any videos they shot of the fights.
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The teacher did not immediately call 911 and it took 20 minutes for the girl's grandfather, who is her guardian, to be notified, according to the lawsuit.
A school health assistant finally called 911 about 30 minutes after the wound and Albuquerque Fire Department EMS took the girl to an emergency room, Hernandez wrote.
The civil suit, filed last week in 2nd Judicial District Court, included graphic photographs of the girl's bloody and deep wounds.
A school report on the incident, allegedly penned by the assistant principal Alzaga, described it as "a lesson on metal and melding" when "the student accidentally cut the other student with it," the lawsuit said.
"In response to the report's question, 'Did the injury violate school rules?' Mr. Alzaga checked a box indicating 'No,'" the lawsuit added.
The girl has allegedly had to undergo surgeries, physical therapy and mental health counseling, stemming from the classroom sword fight. Basic tasks such as pressing buttons, fastening zippers and cooking are now daily challenges for the girl, her lawyer said.
"Despite this surgical repair of N.S.'s nerves and tendons, it was not possible to fully repair them, and they remain damaged," according to Hernandez. "As a result, her wrist and hand are permanently injured. Those injuries cause her ongoing daily pain, as well as cause her to be unable to perform many basic daily tasks."
A spokesperson for Albuquerque Public Schools on Wednesday declined comment on behalf of the district and assistant principal. She said they're barred from commenting on pending litigation.
Mitchell was fired in July, 2022, the school representative said, but declined to reveal the cause of the termination.
Two publicly listed phone numbers for Mitchell were disconnected on Wednesday. She did not immediately respond to emails seeking her comment.
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