OWASSO, Okla. — A lawsuit was filed against Owasso Public Schools in federal court on Thursday by the estate of Nex Benedict, a 16-year-old student who died the day after being involved in a fight on school grounds last year.

Last year, the Tulsa County District Attorney said he would not be filing charges against the other students who were involved in the fight with Nex, a day before their death.

Due to the probable cause of death being an overdose and the fight being of “mutual combat,” the DA said in part, “I do not have a reasonable belief that the State of Oklahoma could sustain its burden of proof beyond a reasonable doubt if charges were presented for prosecution.”

The Medical Examiner’s Office deemed Nex’s death a suicide due to a combined toxic amount of diphenhydramine, a drug marketed as allergy-relief medication Benadryl, and Fluoxetine, a drug used as an antidepressant.

The toxicology report, along with mentions of letters left in Nex’s bedroom alluding to self-harm, allowed the Medical Examiner to rule the death a suicide. To read the full report, click here. 

The lawsuit filed against the school district on Thursday claims wrongful death/negligence and violation of Nex’s due process and equal protection rights.