HAYWARD, Calif. – A former student of Hayward High School won the right to go to trial in his lawsuit against the school district Oct. 30. He alleged that he was severely injured by gang members on his second day at Hayward High School while security guards did nothing to assist him.
Identified as Luis M. by a state appeals court, the plaintiff endured a ruptured spleen in addition to other injuries when he was attacked in February 2003. A 15-year-old sophomore at the time, Luis M. was not affiliated with any gang when he was attacked. His lawyer, Robert Abel, said Luis M. had transferred schools after moving from San Francisco to Hayward. His mother believed the environment was safer.
According to Luis M., a gang member attacked him at lunch on his first day at the high school. The school district stated that evidence showed the plaintiff had actually started the fight.
The following day, Luis M. said, 10 to 15 gang members beat him and kicked him for several minutes. Some of those gang members did not attend the school.
The plaintiff accused the school of being negligent in allowing nonstudents to enter the campus. Luis M. also claims the school didn’t adequately supervise the students. Court evidence indicates three supervisors who were supposed to be monitoring students were in their offices at the time of the attack. They only got involved in the situation after a teacher told them a fight was taking place, after a student told her.
School officials said Luis M. was wearing red attire, which is associated with gang activity. When told to change his clothing, authorities said the plaintiff refused. Abel countered that no such warning was given to his client.
Initially, Judge Frank Roesch of Alameda County Superior Court dismissed the lawsuit, citing no evidence was found to prove the school had violated its legal obligation to supervise students, or that any of the supposed negligence had caused the plaintiff’s injuries. The appeals court, however, decided that a jury should conclude whether the school security measures were sufficient.
The lawsuit seeks unspecified damages.
