The Florida high-school student with autism accused of violently attacking a teacher’s aide over a Nintendo game has filed a stunning lawsuit against the school district, accusing it of failing to make interventions to address his bad behavior even though he was said to be a “ticking time bomb.”

Brendan Depa, 18, has filed a lawsuit against Flagler County Public Schools, accusing the district of failing to meet his needs in the lead-up to the shocking February 21 incident that was caught on video and went viral.

Depa was 17 when he allegedly attacked teacher’s aide Joan Naydich at Matanzas High School in Palm Coast. Surveillance video released by the Flagler County Sheriff’s Office allegedly shows the 6-foot-6, 270-pound student running up to the teacher’s aide, pushing her to the ground, and then continuing to punch and kick her.

FLORIDA TEACHER’S AIDE ATTACKED IN VIRAL VIDEO SPEAKS OUT AHEAD OF STUDENT’S SENTENCING

The teacher’s aide is seen on the ground for several minutes before getting up with the help of others.

Naydich told FOX 35 Orlando she had suffered five broken ribs, a severe concussion, loss of hearing in one of her ears and other issues as a result of the beating. 

The incident was sparked after Depa was refused permission to use a Nintendo Switch console. 

The complaint alleges that the district failed to address Depa’s disabilities through a proper behavioral plan on multiple occasions, ultimately leading to the attack.

“The district should be held to account for its failures which have forever changed the trajectory of this young man’s life,” a portion of the lawsuit reads. 

It says that he has a history of trauma and mental health issues, along with several disabilities that impact him in school settings.

“[Depa] is smart, but he has been diagnosed with an autism spectrum disorder and has communication deficits that were not properly addressed. His explosive nature was also ignored and his need for social and pragmatic language interventions were not sufficiently addressed,” the lawsuit reads. 

The complaint alleges that the school ignored Depa’s need for social and “pragmatic language interventions” and should have provided him with direct instructions on how to problem-solve and express himself.

For instance, he spat at a student and verbally threatened another by saying that the student should die. He also said he should have shot a student. The lawsuit argues that the school had not properly dealt with those incidents.

FLORIDA STUDENT ENTERS PLEA IN CASE OF VIRAL VIDEO ATTACK ON TEACHER

Joan Naydich is seen in court as Brendan Depa is escorted back to holding cells on March 9, 2023. In the court hearing, Naydich sought a permanent injunction against Depa. (David Tucker/News Journal/USA Today Network)

“Had these issues been addressed in real-time, [Depa] would not have harmed the paraprofessional and would not have been arrested and facing significant time incarcerated,” the complaint reads. 

The suit alleges that a teacher’s aide and Depa exchanged words and that the student was then reprimanded in front of his peers, eventually being punished by being denied the Nintendo though other students were allowed theirs.

The school, staff and district knew that the Nintendo, and its use on the school campus was a “trigger for escalating behaviors,” prompting Depa to spit on Naydich, according to the filing. 

When Naydic stormed out of the classroom to report him for assault, Depa followed her and launched his vicious attack.

The teen has filed a request for a due process hearing under the Individuals with Disabilities Education Act. It asks for a determination that Flagler County Public Schools’ actions before and after February 2023 led to the violent incident. 

A spokesperson for Flagler Schools tells Fox 35 Orlando that the district is not commenting on the complaint. 

Depa, who is being charged as an adult, pleaded no contest late last year to a first-degree felony aggravated battery on an elected official or education employee charge that could be punishable by up to 30 years in prison. His sentencing is scheduled for May 1, Fox 35 reports.

Brendan Depa with his attorneys in court last year. Depa has filed a stunning lawsuit against the school district, accusing it of failing to make interventions to address his bad behavior since he was a “ticking time bomb.” (David TuckerNews Journal/USA TODAY NETWORK)

Naydich has denied taking the Nintendo Switch away from Depa and that he was actually angry because another staff member would not allow him to play it. 

As well as physical injuries, Naydich says she has faced financial and emotional hurdles since the attack.  

“Unfortunately, a lot of my injuries that are not visible I’m going to have for the rest of my life,” Naydich previously told FOX 35 Orlando, referring to slowed speech, issues with patience and “difficulty with what she considers routine cognitive functions.”

“Everybody that knows me or knew me [before the attack] knows that I’m a totally different person now. My whole life was just turned upside down.” 

Naydich was granted a permanent injunction for protection against repeated violence against Depa in March 2023.

Court documents obtained by Fox News Digital show that Depa has had three prior misdemeanor battery charges, in March 2019, April 2019 and June 2019. All the misdemeanor charges stem from the 13th Judicial Circuit, which is located in Hillsborough County.

For those charges, court records show that Depa completed a program within the Department of Juvenile Justice.

Fox News’ Pilar Aris and Adam Sabes contributed to this report.

A 27-year-old boxer died on Thursday after spending three weeks in a medically induced coma from his last fight.

Heavyweight Ardi Ndembo was knocked unconscious during his April 5 bout against Nestor Santana in Miami.

He was then transported to a local hospital, where he was placed in a coma, but he died earlier this week.

“We at Viva Promotions mourn the loss of Ardi Ndembo, a talented Congolese boxer who tragically passed away after a knockout in a Team Combat League match on April 5,” the promotion said in a statement, via the New York Post. “He remained in an induced coma until his untimely death. RIP Ardi Ndembo!”

Floyd Mayweather’s uncle, Jeff, works with the Team Combat League on the same team that Ndembo represented when he fought.

“Boxing’s a sport where you grow up watching it and loving it, but there’s so much risk involved,” Mayweather told The Sun. “Anyone can lose their life from boxing. When something like this happens, it wakes up the whole entire world.

Boxing gloves laying on a mat inside a boxing ring.  (Fernando Lavoz/NurPhoto via Getty Images)

TWO TEAMS TRIED TO ACQUIRE JUSTIN HERBERT BEFORE DRAFTING QUARTERBACKS: REPORT

“I don’t think boxing’s a bad sport, because you can die in any sport. You drive a race car at 200 mph, if it slides, you’re going to die, too. You can die in any sport, but boxing is a brutal sport.”

The league gave the fighter a 10-bell salute and is matching donations made to a GoFundMe up to $25,000.

The boxing ring ahead of the heavyweight unification rematch between Oleksandr Usyk of Ukraine and Anthony Joshua of Great Britain within the ‘Rage on the Red Sea’ boxing competitions at the King Abdullah Sports Complex’s Super Dome Hall in Jeddah, Saudi Arabia, on August 20, 2022.  (Ayman Yaqoob/Anadolu Agency via Getty Images)

Ndembo, who was Congolese, was 8-0 entering the fight earlier this month. He is survived by his wife and two children.

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.

A North Carolina Democrat seeking re-election in the House says he is “fighting every day” for the families in his district as he fends off accusations made by his Republican challenger that he’s “beholden” to President Biden and dismissive of constituent concerns.

Rep. Don Davis, D-N.C., said he and his team have “been working so hard to deliver for families across eastern North Carolina” in an interview with Fox News Digital.

“In the past few weeks alone, we’ve announced over $13 million in community project funds, 15 different projects in eight counties.”

Republican Laurie Buckhout, who is in the race to represent North Carolina’s 1st Congressional District, said Davis is a “career politician” who has “never had a day in his life where he’s run a business.” 

FORMER ARMY COLONEL SEEKING TO FLIP NORTH CAROLINA HOUSE SEAT SAYS DEM OPPONENT IS ‘BEHOLDEN’ TO BIDEN

But Davis, an Air Force veteran, said he is “working every single day to make sure that the people of eastern North Carolina, that their voices are heard in Washington, D.C., that we’re making connections and telling the story.”

He also rejected his Republican challenger’s claim he is “beholden” to President Biden and House Minority Leader Hakeem Jeffries, D-N.Y.

“Let me be clear. I want to thank Col. Buckhout for her service to our country. But I think she couldn’t be more off on that whole comment because this is not about being beholden,” he said. “I’ve heard about flipping the seat. But, for me, it’s about fighting every day for families of eastern North Carolina.”

Davis said he is “only beholden to the families of eastern North Carolina,” and pointed to his “fight” for farmers and military families in his district.

GOP SET TO GAIN 3 US HOUSE SEATS UNDER MAP ADVANCED IN NC SENATE

“I’m fighting to make sure that our children, our young people, have a future,” he said. “I’m beholden to that farmer out there who is struggling right now to figure out how they’re going to keep the farm open. I’m beholden right now to those young people who see that they have a future in the East. I’m beholden to those veterans and those military families who are putting their lives on the line every single day.

“I’m only beholden to the people of eastern North Carolina, and I think people know that about me.”

Buckhout, a former Army colonel and first-time candidate, also took aim at Davis for his voting record.

“We have to admit that Davis is just Biden’s, you know, surrogate on the ground,” Buckhout said. “He’s his agent, he’s his guy. He does what Biden says. He votes with Biden.”

“I’m only beholden to the people of eastern North Carolina, and I think people know that about me,” Davis told Fox News Digital. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Davis, however, urged voters to look at his record as he campaigns in the race, which has been ranked a “Democrat Toss Up” by nonpartisan election analyst the Cook Political Report.

“Anyone can take a look at my record. I mean, you’re talking to the third-ranking member of our caucus in the Congress when it comes to bipartisanship,” Davis said.

Asked about the chief concerns among those living in eastern North Carolina, Davis admitted there are “enormous concerns right now with costs.”

“It’s really costly when you put the cost of food on top of paying rent, a mortgage payment, housing. And we know that we still have great health disparities. And we have to then put some cost of medications on top of that,” he said. “It begins to add up, and it places a lot of stress on families.”

Davis said he had made more than 170 different stops in the district as he campaigns for re-election and recognizes that “people are hurting.”

“I feel the pain, you know, with the cost of just trying to make ends meet,” he said.

Among other concerns, Davis, who previously served as the mayor of Snow Hill, North Carolina, in the early 2000s, said his constituents have been vocal about broadband and infrastructure.

Davis stands alongside Brian Fitzpatrick, R-Pa., and Jared Golden, D-Maine, during a news conference at the U.S. Capitol in Washington, D.C., March 6, 2024. (Tierney L. Cross/Bloomberg via Getty Images)

In October 2023, the North Carolina General Assembly adopted new congressional district boundaries, adding the counties of Chowan, Franklin, Greene, Pasquotank, Perquimans, Tyrrell and the remainder of Vance to the state’s 1st Congressional District. The newly redrawn district now excludes Wayne County.

Davis, who has served in Congress since 2023 and previously served for ten years in the North Carolina state Senate, will face off against Buckhout in the state’s general election Nov. 5.