Police concluded that Aquan Lewis killed himself in February 2009 at Oakton Elementary.
He was found hanging from a coat hook inside a bathroom stall door.
The boy's mother still has questions about how he died.
"What do the facts show me? It's veering away from suicide, and I'm an understanding person. If someone tells me something and shows me, that's fine" said mother Angel Marshall.
Evanston Skokie school District 65 spokeswoman Patricia Markham says they have not seen the lawsuit yet. So, they have no comment at this time.