Montoya, Lucero & Pastor, P.A. filed a wrongful death lawsuit against the Phoenix Union High School District on behalf of the family of Michael Montoya, a 16-year-old student who was killed at Maryvale High School on August 19, 2025. Filed in Maricopa County Superior Court, the lawsuit alleges that Michael's death was the foreseeable result of a series of district decisions that, according to the complaint, compromised the safety of students. The lawsuit was brought by firm attorneys Stephen Montoya and Robert Pastor on behalf of Michael's mother and the family's statutory beneficiaries.
What happened at Maryvale High School
According to the complaint, Michael Montoya was a 16-year-old junior who passed through the school's metal detector on the morning of August 19, 2025, and was sitting in his science class when he was fatally stabbed by another student. He died of his injuries. A student was arrested and charged in the criminal case, which is a separate matter from the family's civil lawsuit. The civil lawsuit is directed at the school district, not at the individual accused of the attack.
A wrongful death claim focused on school safety
The family's case centers on a straightforward question: did the district take reasonable steps to protect students from a danger it knew about? Under Arizona law, a notice of claim must be served on a public entity before a lawsuit can be filed. The family served that notice on the district in January 2026, and, according to the complaint, the district did not respond. The notice of claim sought $28 million for the wrongful death, as reported by 12News. The lawsuit followed in June 2026.
The safety decisions the lawsuit puts at issue
The complaint alleges that the district made a series of choices that, taken together, left students exposed to a known risk of weapons on campus. Among the allegations:
- In 2020, the district removed School Resource Officers (SROs) from its campuses.
- The district declined to use metal detectors at one point and later, according to the complaint, programmed its weapons screening to focus on large threats such as rifles and handguns rather than smaller weapons like folding knives.
- A district safety committee recommended bringing SROs back to campus, and the district declined to adopt that recommendation.
- In March 2025, the governing board voted to turn down state grants that would have funded full-time SROs at two high schools at no cost to the district.
- At the school board meeting on April 3, 2025, the former Maryvale High School principal John Doherty spoke to the Phoenix Union High School governing board about the metal detection system. Mr. Doherty stated, “we’re looking for a weapon, a weapon that can cause mass casualty. We’re not looking for small pocket knives.”
- District data presented to the board showed rising numbers of weapons incidents and assaults on campus, and the district seized 44 guns between 2019 and the first three quarters of the 2023-2024 school year, more than any other Arizona district, according to 12News reporting cited in the claim.
The complaint characterizes these decisions as “recklessness and gross negligence” and alleges that the district had longstanding, actual knowledge of the danger posed by weapons on its campuses.
Why school resource officers and screening matter
School resource officers and weapons screening are among the most widely recognized tools schools use to keep students safe. As a former police chief and school security consultant told 12News, an SRO on campus can help identify a potential threat before violence occurs and can speed the emergency response when something does happen. When screening is set up to catch only the largest weapons, the lawsuit argues, smaller but still deadly weapons can pass through. These are the kinds of safeguards the family's lawsuit says were missing.
The district's response
A spokesperson for Phoenix Union declined to comment on the claim, according to 12News. After the claim was filed, the school board voted to accept grant funding to place more school resource officers on campuses. It is important to note that the allegations in the lawsuit are unproven, the district has not had the case decided against it, and the matter is still pending before the court.
Remembering Michael
Behind every wrongful death case is a family whose life has been permanently changed. Michael Montoya was 16 years old. His family has chosen to speak publicly, both to honor him and to push for changes to protect other students. You can watch local coverage of the case here and read 12News's report on the claim here.
Frequently asked questions
Who is being sued in this case?
The wrongful death lawsuit is filed against the Phoenix Union High School District. The criminal case involving the student accused of the attack is a separate proceeding.
What is a notice of claim in Arizona?
Arizona law requires anyone bringing a claim against a public entity, such as a school district, to first serve a formal notice of claim. It is a legal prerequisite that must be completed before a lawsuit against the entity can move forward.
Does a lawsuit like this change school safety policy?
Civil lawsuits can encourage public entities to re-examine their safety practices. In this case, the school board voted to accept funding for more school resource officers after the claim was filed, though the lawsuit remains pending.
Talk to a Phoenix wrongful death attorney
If your family has lost a loved one because of another party's negligence or unsafe conditions, Montoya, Lucero & Pastor, P.A. can help you understand your rights and options. Our Phoenix attorneys handle wrongful death claims with care and discretion, and consultations are free. Call (602) 483-6869 to speak with our team.
This post discusses an active lawsuit. The allegations described have not been proven in court, and nothing here should be taken as a statement of established fact about any party. This article is general information about Arizona law and is not legal advice. Prior results do not guarantee a similar outcome.