It's been three years since Kyler Nipper landed in an emergency room in Colorado Springs after a middle-school bully stabbed him with a pencil.
Nipper was just 11 years old and suffered a punctured lung.
His family is now trying to hold the school district accountable for not preventing the incident.
Nipper's mom, Sherise, says he had been bullied before and they had made complaints to the district.
"He says I just can't go to school tomorrow, they're just making so much fun of me for my shoes and saying my family should just live in a dumpster," she said.
Debbie Taussig, a Boulder attorney is representing the family after they filed a civil rights complaint against the Harrison School District.
The case is set to go to trial in Denver Federal Court next April.
The family is hoping to receive money to pay for overwhelming medical bills that forced them into homelessness. They would also like the district to make changes to their bullying policies and procedures.
The district is unable to comment on the lawsuit.