MANSFIELD, Texas (CBSDFW.COM) – An injury to a toddler from a ballpoint pen led to a lawsuit this week against a Mansfield child care center and one of its former employees.

The suit against Everley Rose Toddler Center, follows a state investigation at Walnut Creek Academy, in the same location, that found two children had been injured on two separate occasions.

A grand jury indicted 23-year-old Caitlin Luttman in September for reckless injury to a child.

An attorney for the school said Wednesday, Nov. 17,  the incident had been overblown and the lawsuit sensationalized its description of what happened.

The boy’s parents said this spring they had noticed their son, still 2 years old at the time, had started protesting his daily drop-off at the school.

They chalked it up to normal behavior for a boy his age.

One afternoon in April, they noticed a raised mark with a dark spot in the center of his chest. His father asked him what happened.

“And he goes, ‘Miss so and so, poked me in the chest with a pen,” said Aaron Walker. “And I looked at her (his wife Carlie), and said, who’s that? And she said, that’s his teacher. And I said, you need to make a phone call, right now.”

Carlie Walker said the school said they would ask staff about it, and look at video, but her perception was they weren’t taking the incident seriously.

She called the Department of Family And Protective Services which advised the parents to file a police report.

“We just want light to be shed on it,” Carlie Walker said. “We want this to be taken seriously. These kids deserve so much better than what they’re being given.”

Susan McClelland, an attorney for the school, said the facility self-reported the incident to the state once it became aware of what happened.

“The day after the incident there was not sufficient communication from the part of the employee with the school,” she said. Luttman was “shown the door” shortly after that according to McClelland.

“When all of the facts really come out, there is no doubt in my mind everybody’s going to realize that this school has lived up to its commitment to assure the safety and well-being of every child that’s trusted in its care,” she said.

An attorney for Luttman was not immediately available Wednesday to comment on the criminal case or lawsuit.

DFPS records show there were four violations found the day after the incident was reported.

They included that video showed a caregiver aggressively pulling children by one arm and forcefully placing them in chairs. Video also reportedly showed children running around and hitting each other without any caregiver intervention.

The Walkers said their son withdrew from his mother, and other women following the his time at the school. He’s continuing to attend therapy following the incident.