I'm not surprised by this...but is it the right move?

The family is suing the school district, the teacher and two other school employees. It was back in February when the attorney for the boy's family released the video to the media.

The Goodrich elementary teacher originally faced a tenure hearing to fire her, but the Goodrich school board decided to suspended her for one year instead, allowing her to keep her job. Enter lawsuit.

In the civil complaint, it claims five counts of wrongdoing, including intentional infliction of emotional distress, invasion of privacy and failure to aid or protect. The other employees named in the lawsuit are former Oaktree principal Michael Ellis, who resigned after the incident, and Terri Oliver, a para pro assigned to assist the child in school.

The lawsuit states that other staff members offered to help the child, but Nicole McVey (teacher), Ellis and Oliver refused assistance.The lawsuit seeks more than $25,000 in damages.