(CBS) – The family of a 12-year-old boy who was severely beaten at his South Elgin middle school last week is heading to court to get answers about the attack.

In a petition filed Friday, Henry Sembdner’s family asked the school district for evidence. They want to know about the student who beat Henry; why there were no cameras in the hallway and why it took so long for the school to call an ambulance for Henry.

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“This is not a lawsuit for damages,” family attorney Bennett Baker said. “What it is is our attempt to try and unearth information we believe might be relevant to explain what happened to this young man.”

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Henry’s story went viral after Cubs first baseman Anthony Rizzo tweeted his support for the hospitalized boy and offered tickets to a game when he’s feeling better. Henry was placed in a medically induced coma; he came home from the hospital earlier this week.

One student has been questioned in the attack, but so far no charges have been filed.

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