A Tucson elementary-school student and his mother are suing the Tucson Unified School District over a playground fight that left the boy in the hospital for six days.
Cody Barber was playing tag during his physical-education class at John B. Wright Elementary School, 4311 E. Linden St., when he was attacked by another student, according to the lawsuit filed in Pima County Superior Court.
The boy, who is not identified in the suit, knocked Cody to the ground, kicked him once and severely lacerated his spleen, said attorney Richard Gonzales.
The 10-year-old victim spent six days at University Medical Center but has recovered, Gonzales said.
"This was totally unprovoked," Gonzales said. "In fact, he and Cody had been on friendly terms."
Cody and his mother, Leonor Barber, say the school district was negligent because the boy who attacked Cody had a history of behavioral issues, had been placed "on restriction" and wasn't supposed to be participating in the class.
People are also reading…
In addition, Cody's teacher had left the area and asked another teacher to watch the children temporarily, the lawsuit states.
That teacher never saw the attack, and Cody was found on the ground once his teacher came back.
Gonzales said he is still investigating the attacker's background. The boy was either expelled from the school after the incident or his parents voluntarily withdrew him.
No criminal charges have been pursued against the boy, Gonzales said. It's believed the boy is around the same age as Cody.
Rick Unklesbay, chief trial counsel for the Pima County Attorney's Office, said psychologists who examined the suspect determined he was not competent to stand trial.
In order to be competent, defendants must be able to understand the nature of the charges and be able to help in their own defense.
Spokeswoman Karen Bynum said the school district has a policy of not commenting on pending litigation.
