His conviction has been reinstated, but he will not be taken back into custody. An appellate court said another court did not give the victim's family enough time to attend a hearing in person.
The suit accuses school officials of gross negligence for allegedly ignoring multiple warnings that the boy had a gun on the day Abby Zwerner was shot and seriously wounded in January.
Two-year-old Taylen Mosley of St. Petersburg, Fla., was declared missing the same day his mother was found stabbed to death in her apartment, police said.