TUCSON, Ariz. (AP) -- A playground fight has led to a lawsuit by an elementary-school student and his mother against the Tucson Unified School District.

The student, Cody Barber, was playing tag during a physical-education class at John B. Wright Elementary School, when he was attacked by another student, according to the lawsuit filed in Pima County Superior Court.

The alleged attacker was not identified in the suit. He knocked Cody to the ground, kicked him once and severely lacerated his spleen, said plaintiff's 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."

The victim's mother, Leonor Barber, accused the school district of negligence because the boy who allegedly attacked Cody had a history of behavioral issues, had been placed "on restriction" and wasn't supposed to be participating in the class.

Gonzales said he is still investigating the suspect's background. 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, the 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 stand trial, defendants must be able to understand the nature of the charges and be able to help in their own defense.

TUSD spokeswoman Karen Bynum said the school district has a policy of not commenting on pending litigation.

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Information from: Arizona Daily Star, http://www.azstarnet.com

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