The civil case involving a St. Paul teacher assaulted by a Central High student in December has surfaced in a new venue and with a new claim by the district that his injuries were due in part to his own negligence -- and not the school district's.

The St. Paul Public Schools argues in its response to a complaint filed against the district by teacher John Ekblad that he was careless and negligent, and knowingly took on the risk of injury when he intervened in a fight between students during a cafeteria melee on Dec. 4.

Ekblad's attorney, Philip Villaume, said Thursday that "we vehemently deny" the district's claims.

"He is the victim here," Villaume added, and did nothing wrong.

In his suit against the district, Ekblad accused the district of failing to protect him from assaultive behavior and violence. His complaint initially was headed to Ramsey County District Court, but has been moved to U.S. District Court at the school district's request.

In addition to St. Paul Public Schools, the suit names Superintendent Valeria Silva and Assistant Superintendent Theresa Battle, who oversees district high schools, as defendants.

The complaint alleges that the district knew that conditions at Central were dangerous and that a 16-year-old student was a danger to others prior to the December incident during which he reportedly slammed Ekblad onto a table and the floor and choked him into unconsciousness.

Silva and Battle deny the allegations, the district said in a response filed Thursday.

In an interview shortly after the incident, Central student Ayantu Bikila said that Ekblad stepped in when the 16-year-old grew angry with a senior who had just fought with the 16-year-old's younger brother. Ekblad tried to pull the 16-year-old away from the senior boy, "saying, 'Just go away, just go away,'" Bikila said. "But he wouldn't."

In the ensuing assault, Ekblad passed out for 10 to 20 seconds, court documents state.

The district argues in its response that not only was Ekblad careless and negligent, but that his injuries were caused by "third persons over whom the defendants had no control."

No court dates have been set.