LOUISVILLE (WHAS11) -- A federal lawsuit is expected to be filed Jan. 15 against JCPS blaming the district's student assignment plan for the injuries of two brothers.
The lawsuit claims the two brothers were victims of discrimination and were injured because the brothers were bused to Crosby Middle School because of their race.
"The sole reason they attend that school is for racial purposes and diversity. Not for any other reason," Teddy Gordon, an attorney, said.
The mother claims her 11-year-old son was bullied and assaulted on the bus. His 13-year-old brother rode the bus to protect his younger brother.
The boys asked to be moved to different seats but JCPS denied that request, according to the lawsuit.
The younger boy was suspended from the bus and the boys had to use a TARC bus to get to school.
Police said the boys were hit by a car while crossing the street to get to the TARC bus on October 31.
That vehicle didn't stop and LMPD is still searching for the driver.
The brothers were hospitalized for their injuries. Kianna Miller, the mother of the boys, said one of her sons has not been the same since he was injured.
"I don't know why they have to go so far when they could just go in the neighborhood. Like it don't seem right," Miller said.
WHAS11 reached out to JCPS for comment on Jan. 15, and they said the following:
“We can not comment on pending litigation.”