The mother of a boy with autism whose kindergarten classmates voted him out of class is now suing the boy’s school district and his former teacher.

In May 2008, 5-year old Alex Barton, who has autism, was voted out of his Port St. Lucie, Fla. kindergarten classroom by his fellow students after the boy exhibited behavior problems. The boy’s teacher, Wendy Portillo, proposed the vote and was suspended from teaching for one year without pay as a result of the incident.

But now Alex’s mom, Melissa Barton, has filed suit in federal court claiming that the incident caused her son emotional and mental distress and violated his civil rights. Further, the suit says Alex now has a poor self image and is often found alone repeatedly calling himself an “idiot” or “stupid.”

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The lawsuit, which names Portillo, the St. Lucie County School Board and other school officials, seeks an undisclosed sum of money as compensation for the alleged harm, reports WPTV, the West Palm Beach, Fla. NBC affiliate.