3:44 PM PT -- A rep for Green Dot tells while they cannot comment on the lawsuit, "We take seriously the safety of all our students and quickly address bullying of any kind on our campuses ... A core value of Green Dot Public Schools is to demonstrate the utmost respect for the communities we serve, including all of our students and their families."
The statement continues, "This value is central to how Green Dot approaches incidents of bullying: We treat each other with respect and do not tolerate bullying in any form. We are committed to supporting our students as they reach their innate potential to achieve their goals and succeed in college, leadership, and life."
A school Bill and Melinda Gates have supported by donating millions of dollars is being sued over a horrific bullying incident, which allegedly left a 12-year-old boy with permanent brain damage.
TMZ has obtained video of the incident, which is extremely difficult to watch. It was shot at the Animo Westside Charter Middle School in L.A., near LAX.
The boy's mother is suing the school and Green Dot, the org that oversees the school. The Gates are not being sued.
You see the boy right outside the school, when a bully from the school punches him and then puts him in a chokehold, which seems to last around 20 seconds. Notice in the video ... a staffer walks by but seems unconcerned by what is happened right next to her. She never helps ... just walks away.
The boy goes limp, apparently losing consciousness, and the bully becomes alarmed ... realizing what he had done.
The bully then helps the injured student by bringing him inside one of the buildings so he can drink some water. The boy then goes limp again and then loses consciousness. A staffer brings him into an office and lays him out on the floor. The blinds close and the paramedics arrive.
The lawsuit -- filed by attorney Ben Meiselas of Geragos & Geragos -- claims the boy suffered a seizure shortly after the incident and he now has permanent brain damage. According to the lawsuit, he suffered a hypoxic-ischemic brain injury -- a lack of oxygen to the brain. He now has significant learning disabilities and will likely need treatment for the remainder of his life.
The boy's mother told LAPD she did not want to press criminal charges against the bully because he was "a mere child." All she wanted was him expelled from the school, but according to the lawsuit he was not removed from the school and the lawsuit claims, he "continues to pose a threat to the safety and lives of other students."
The lawsuit asks for unspecified damages.
We contacted the Bill and Melinda Gates Foundation -- the couple gave millions to Green Dot to build the school in question along with several others -- so far, no word back. We also contacted the school and have not heard back.