They became his guardians after both of his parents died.
"This lawsuit has put schools on notice to find ways to effectively deal with bullying and to enact real anti-bullying policies," attorney Neil Gehlawat said in a statement.
Diego died nine days after a student sucker-punched him at lunch, attorneys Gehlawat and Dave Ring said in a news release.
Another student punched him in the face while he was on the ground, they said.
The family's attorneys said that was a "clear indication that he did not want to fight, and would not escalate the situation."
The family alleged in the lawsuit that the district has "a long history" of failing to protect students who are being bullied.
The family will "forever be heartbroken" by Diego’s death but hopes his story "brings about change in school districts across the country," their attorney said. »
