Albuquerque School Faces Lawsuit Over Teacher Allegedly Instructing Students to Fight with Real Swords

A lawsuit has been filed against a New Mexico school, a vice principal, and a teacher for an incident involving the use of real swords in a science classroom. The lawsuit was filed on Feb. 23, on behalf of a student identified only as N.S. The incident occurred at Albuquerque Public Schools' Volcano Vista High School, where the teacher, Loviata Mitchell, brought two real swords into the school on May 2, 2022.

Unlawful Instruction and Dangerous Consequences

According to the lawsuit, Mitchell allegedly instructed the students to engage in fights with the swords, claiming that they were props. The fights were timed and recorded by other students. During the altercation, N.S. sustained a severe injury after being struck by one of the swords, resulting in a deep laceration across her right forearm, wrist, and hand. The injury caused significant bleeding and nerve damage, leading to ongoing daily pain and the diagnosis of post-traumatic stress disorder.

Negligence and Cover-Up

The lawsuit also alleges that Mitchell delayed seeking medical assistance for N.S. and attempted to cover up the incident by instructing students to delete video recordings of the fights. Furthermore, the assistant principal, Manuel Alzaga, reportedly filed an inaccurate accident report, describing the swords as props and stating that the injury did not violate school rules, despite the prohibition of deadly weapons on school campuses.

Legal Action and Consequences

The lawsuit is seeking compensatory and punitive damages, in addition to attorneys' fees, costs, and other relief. As a result of the injury, N.S. has experienced physical limitations and emotional distress, significantly impacting her relationship with her grandparents and guardians, Arnold and Judy Gachupin.