VIRGINIA BEACH, Va. -- The parents of a former Landstown Middle School student are taking legal action against a former teacher, the school's principal, and the school district, according to WTKR.
In September 2016, Daniel Board, a Math teacher at the time, was accused of writing "focus" on the student's forehead with a dry erase marker.
Daniel Board, 46, was charged with assault and battery following the incident at the school.
Tuesday, the family's attorney filed a lawsuit in federal court asking for $3 million.
The 17-page lawsuit claims the child was discriminated against based on his disability, ADHD.
It also states the child now suffers from severe emotional distress as a result.
According to testimony from Board's trial earlier this year, he claims he was trying to be playful in teaching the student to focus on his school work.
Both sides testified the student had been disruptive in class, talking with other kids and not focusing on his worksheet just prior to the incident.
The school's principal is listed in the lawsuit for allegedly failing to report "any instance of suspected or actual child abuse to the appropriate authorities".
The child's family is asking for a trial by jury.
"Plaintiff was singled out by the Defendants, who took actions against him that showed gross misjudgment, bad faith and deliberate indifference to the Plaintiff or to his disability," the lawsuit states.
Board resigned from Landstown Middle after the incident.