The lawsuit filed in Durham County alleges Alston hurt the 5-month-old boy while in her care at Cheryl's Infant and Toddler Preschool, which she ran out of her home.
Lucas Lear's family says in the lawsuit that Alston also failed to get the infant medical care in a timely manner after he was hurt.
The lawsuit says the boy has permanent brain damage. It's seeking more than $10,000 in damages.
