Suit claims school knew of alleged molester’s history
A mother who claims her child was molested by a former elementary school teaching assistant is suing him, the school where he worked and the Santa Fe Public Schools Board of Education, seeking compensatory damages for medical and psychological bills, emotional and physical pain and more.
In March 2016, a 7-year-old student told her mother that Sergio I. Muterperl had inappropriately touched her at Atalaya Elementary, according to a criminal complaint. The teaching assistant was placed on administrative leave. In May, another child, age 9, told a teacher that Muterperl inappropriately touched her as well, the criminal complaint says.
Muterperl, either 30 or 31, was fired last June when police charged him with eight counts — among them criminal sexual penetration of a child and enticement of a child. He had worked with the district for four years.
The charges were dismissed for lack of prosecution in October, according to online court records — but they were dismissed without prejudice, meaning they can be brought again.
A message left for District Attorney Marco Serna was not immediately returned Friday afternoon.
But F. Michael Hart, an attorney representing the mother in the lawsuit, said the District Attorney’s Office was being “cautious and careful and appropriately so,” given the sensitivity of the case and the ages of the alleged victims.
Muterperl did not return a message seeking comment.
Jeff Gephart, the school district’s spokesman, wrote in an email, “While the safety and security of our students is our first priority, the district declines to comment on any matter involving pending or potential litigation.”
The suit, filed last week in state District Court, alleges Muterperl “breached his duty” to protect students entrusted to him “when he used his position at Atalaya to gain access to children and inflict injury on them.” It also claims the board and school “knew or should have known” Muterperl “had a history of inappropriate conduct and posed a threat to students.”