New Mexico teacher had students duel with swords in class, leading to serious injury of teen girl

Volcano Vista High School in Albuquerque, N.M.

Two New Mexico high school students engaged in a sword duel at the request of their teacher, resulting in severe and permanent injuries to a teenage girl, as claimed by her family in a lawsuit.

Arnold and Judy Gachupin, acting as guardians and grandparents, filed a civil lawsuit on behalf of a student identified only as N.S., who allegedly suffered severed nerves and tendons during a sword fight on May 2, 2022, at Volcano Vista High School in Albuquerque. The defendants named in the suit include Albuquerque Public Schools, Assistant Principal Manuel Alzaga, and former chemistry teacher Loviata Mitchell.

The lawsuit alleges that Mitchell brought katana- and rapier-style swords to school, arranged desks to create a ring in the classroom, and paired students off for duels. After the first bout, N.S. and another student, D.M., were called upon to fight. During this altercation, D.M. struck N.S. across her right forearm, wrist, and hand with the katana-style sword, causing a significant and deep laceration inconsistent with a prop sword, according to plaintiff's attorney Jessica Hernandez.

Upon realizing the severity of N.S.'s injury, Mitchell allegedly panicked, exclaiming, "I'm in trouble!" and instructed students to delete any videos they had recorded. The lawsuit further claims that Mitchell failed to promptly call 911, and it took 20 minutes for N.S.'s grandfather, who is her guardian, to be notified.

The lawsuit includes graphic photographs of N.S.'s wounds and describes the incident as "a lesson on metal and melding" in a report allegedly written by Assistant Principal Alzaga. The report indicated that the injury did not violate school rules, a decision disputed by the plaintiffs.

As a result of the sword fight, N.S. has undergone surgeries, physical therapy, and mental health counseling. Basic daily tasks have become challenging for her, and despite surgical interventions, her nerves and tendons remain damaged, leading to ongoing pain and functional limitations.

A spokesperson for Albuquerque Public Schools declined to comment on the pending litigation, while Mitchell was terminated from her position in July 2022, with the cause of termination undisclosed. Attempts to reach Mitchell for comment were unsuccessful.