A young boy who died after being punched in the head at school had complained about being bullied just days before the attack, it has been claimed.
Diego Stolz, 13, died after he was battered by two teenagers at Moreno Valley Unified School District, California, US.
His aunt and uncle Juana and Felipe Salcedo, who raised him after his parents died, said the boy and his teacher lodged a complaint about him being punched in chest four days prior to his death.
And they have now filed a $100m (£77m) legal claim against the school, ABC News reports.
Dave Ring, the family's attorney said an assistant principal told Diego's sister Jazmine that 'we are going to take care of this'.
He quoted the teacher as saying: "We are going to change the classes of these bullies and we are going to suspend them."
But when Diego returned to school after the weekend, he was confronted by the bullies again and was punched and knocked to the ground, according to the claim.
The assault was captured in mobile phone footage, showing Diego hitting a concrete pillar after the second blow.
He was rushed to hospital and was placed on life support.
Ring said: "He never regained consciousness and nine days later he was taken off life support.
"It could have been prevented if this school took bullying seriously."
In response, the school district says while their hearts go out to the family.
But officials said the blame lies with the alleged attackers.
They said: "The two boys who attacked and killed Diego are responsible for his death. Bullying is a nationwide problem."
Two 13-year-old boys have been arrested and charged with voluntary manslaughter, it is reported.
In a statement the Moreno Valley Sheriff's Office said: "The Riverside County Sheriff’s Department is saddened to share the 13-year-old victim from Landmark Middle School was pronounced clinically dead last night as a result of injuries sustained in the attack on Monday, September 16, 2019.
"Rigorous medical intervention and treatment efforts at an area hospital were unsuccessful."
