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CMS lawsuit claims fourth-grader bullied over nut allergy

CHARLOTTE, N.C. — Parents have filed a major lawsuit against Charlotte-Mecklenburg Schools, claiming the district failed to protect their fourth-grade son.

The suit claims that the boy was repeatedly bullied in 2014 because of his nut allergy.

Court documents said the student told his classmate he was deathly allergic to cashews and then the other student told him to "watch out" because he was going to bring nuts to school.

Three weeks later, the plaintiffs said that student followed through on the threat, pointing out a pistachio in the lunchroom.

The student's parents pulled him out of school in April of 2015 and said their son was diagnosed with PTSD from the bullying.

The lawsuit seeks $75,000 in damages.

The parents are accusing the district of negligence, insufficient training and violation of equal protection and the Americans with disabilities act.

Channel 9 reached out to CMS officials, who said they can't comment on pending litigation.

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