Suit filed in alleged assault
Mother sues school, teaching assistant
SANTA FE — The mother of a girl who was allegedly sexually assaulted by a Santa Fe Public Schools teaching assistant is now suing the former assistant, the school board and the girl’s elementary school for the pain and suffering the girl sustained as a result of the abuse.
Sergio Muterperl, 31, was charged with two counts of criminal sexual penetration of a minor, four counts of criminal sexual contact of a minor and two counts of enticement of a child in June 2016 while he was a teaching assistant at Atalaya Elementary School.
Muterperl allegedly touched a 6-year-old girl’s private parts while on recess and touched another girl while he was babysitting her at her home. The charges were later dropped but can be refiled. A representative of the district attorney’s office said late last year that allegations about Muterperl would be presented to a grand jury.
A girl’s mother is now suing for compensatory damages for her daughter, identified as E.C. in the complaint, for pain and suffering in the abuse that allegedly happened in August and September 2015, arguing that the school and the governing board “knew or should have known the danger Muterperl posed to students, including to E.C.”
The suit says the school and the Santa Fe school board had the obligation to keep students safe, and it implies that they should have done a better background investigation on Muterperl, saying they knew or should have known that Muterperl “had a history of inappropriate conduct and posed a threat to students, including E.C.”
Muterperl was charged with battery on a household member and interfering with communication in 2011, but the charges were dismissed. He pleaded guilty to DWI that same year and had a 2005 assault against a household member charge dismissed, according to court records. Muterperl was fired shortly after the 2016 charges were filed.
He also was arrested in November of that year after he was said to have led a rally against then president-elect Donald Trump in downtown Santa Fe and allegedly caused an officer who was pursuing him to fall down steps. It wasn’t clear why Muterperl was being chased. Charges in that case were also dismissed but also could be refiled.
SFPS Superintendent Veronica Garcia said the district has not been served with the lawsuit yet but said she can’t say anything about it either way. “We do not comment on pending litigation on the advice of counsel,” she said. “However, we do make student safety a top priority in our district.”
The lawsuit says E.C. suffered physical injuries in the assault. Her mother is asking for compensation for medical and psychological bills, emotional and physical pain and suffering, loss of enjoyment of life and economic damages.