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The suit, filed in Superior Court, claims the principal and staff of Roxbury Elementary School in Stamford failed to keep the boy safe and violated state law by not reporting the incident, reported the Connecticut Post.
The incident took place in May 2018 when the boy told his mother that another classmate had followed him to the bathroom and crawled under the stall where he then stabbed the boy with a pencil and told him to "die here with me," the Post reported.
After being told of the event, the suit claims that school officials failed to take action or keeps the students apart.
During a second incident, also in May 2018, the boy allegedly followed the 5-year-old again to the bathroom where he bit his penis, the suit says.
The parents and the suit said the incident caused serious and permanent physical and psychological injuries to the 5-year-old that required treatment, the Post said.
The suit specifically says that school staff failed the child by not notifying the Department of Children and Families of the events, or took actions to prevent them from happening in the first place.
The lawyer for the family, Michael Skiber, of Norwalk, declined to comment, as did officials with the school district.
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