A Los Angeles high school senior who died after jumping from a fourth-floor railing following a classroom beating had endured years of bullying, his mother alleges in a claim for damages. Xavier Nungaray-Martinez, 17, was repeatedly punched in the face and beaten at Benjamin Franklin High School in Highland Park on Sept. 30, while an LAUSD teacher stood nearby shouting at the students to stop. According to his mother, Lilia Nungaray, school staff did not physically intervene, summon campus police or security, or separate Xavier from the student attacking him.
The filing states that LAUSD and its employees "failed to take the steps necessary to protect XAVIER," accusing staff of failing to physically intervene once the assault began, rather than merely yelling at the students to stop. The claim further alleges that employees did not summon school police, security, administrators or other staff, and did not secure Xavier's safety. Xavier fled the classroom but moments later went over the railing, and his mother alleges no staff member followed him or provided medical aid. The claim says the blows to his head left him dazed and disoriented, and the fear and confusion of the attack triggered a panic response.S1S2
The district's policies have also been scrutinised. LAUSD removed campus police officers in 2021 following the death of George Floyd, replacing them with roving officers who cover multiple schools and respond when called. Under the department's 2026 policy manual, administrators may request assistance during assaults and major fights, while staff must call 911 first in life-threatening emergencies.S1S2
Nungaray filed the damages claim against LAUSD on Oct. 15, the mandatory legal step before suing a public agency in California. Her attorneys at Panish Shea Ravipudi LLP accuse the district of negligence, inadequate student supervision and allowing a dangerous campus environment to persist. The claim does not name a specific dollar figure, instead seeking damages above California Superior Court's minimum jurisdictional threshold of more than $35,000.S1S2
The filing describes what Xavier's mother characterises as years of unchecked bullying at the school. Several years earlier, when he was a sophomore, Xavier and his mother met with Franklin High administrators about a separate bullying incident. According to the claim, officials partly blamed Xavier for what happened, which allegedly left him afraid to report future bullying because he believed he, rather than the students targeting him, would be punished. His mother's attorneys also criticise LAUSD's anti-bullying policy, arguing its language may discourage students from reporting harassment.S1S2