A St. Paul teacher who was assaulted by a Central High student in December is proceeding with a lawsuit alleging that the St. Paul Public Schools failed to protect him from assaultive behavior and violence.

John Ekblad still suffers from chronic headaches after a Dec. 4 attack that put him in the hospital with a concussion, Philip Villaume, his attorney, said Wednesday.

Villaume's firm served the suit after Villaume said the district declined to mediate the matter. The complaint is expected to be filed in Ramsey County District Court by week's end, he added.

The district said Wednesday that it does not comment on pending litigation. In addition to St. Paul Public Schools, the suit names Superintendent Valeria Silva and Assistant Superintendent Theresa Battle, who oversees district high schools, as defendants.

The complaint alleges that the district knew that the 16-year-old student was a danger to others before the cafeteria melee during which he reportedly slammed Ekblad onto a table and the floor and choked the teacher into unconsciousness.

The student pleaded guilty to felony and gross misdemeanor assault charges and was sentenced on Jan. 5 to 90 days of intensive supervised probation and electronic home monitoring.

Due to his injuries, Ekblad "is not going back to work anytime soon," Villaume said Wednesday.