A lawsuit filed on behalf of a 5-year-old preschooler this week alleges that the girl was molested by a teaching assistant during her class’s nap time at Sunset Elementary School earlier this year.
The lawsuit comes on the heels of 23-year-old Jamie Godinez being charged in July with two counts of lewd acts upon the child in the same alleged incident on Jan. 15 at the San Ysidro School District campus, according to a criminal complaint filed by the District Attorney’s Office. He has pleaded not guilty.
The lawsuit also names the school district and the girl’s teacher as defendants in the case.
Neither the school district nor Godinez’s public defender responded to a request for comment.
According to the lawsuit filed Monday, Godinez took an “unusual interest” in the child after she enrolled in the school the previous fall. During that time, the lawsuit says he spent an “inordinate amount of time” with the girl while he was working as a teacher’s assistant.
In January, Godinez allegedly approached the then-4-year-old girl while the rest of her class was sleeping and molested her, according to the lawsuit.
The lawsuit claims that the district and the classroom teacher failed in their responsibility to provide a “safe environment and adequate supervision” while the student was on school premises.
The lawsuit also argues that the teacher and district should have known Godinez was allegedly a danger to the child and attempted to hide the incident from students, parents, teachers and law enforcement after the fact.
The lawsuit lists three allegations, including negligence, sexual assault and false imprisonment. It asks the judge to award the plaintiff unspecified damages.