The defendant, Griffin, is being charged with negligence.
In the suit, Fraley's parents allege that Griffin provided inadequate care for their son, violated protocol for his medical condition and did not attempt to contact them before leaving their son home alone.
Fraley, died at his home in August 2008 after a football scrimmage. His cause of death was ruled "undetermined natural causes."
In a report issued in June 2009, the Office of Emergency Medical Services said Griffin responded to a 911 call when Fraley began having cramps.
Griffin supposedly checked him over and then left him home alone. He even had Fraley sign papers showing he was checked out that day and left at home.
Griffin resigned after the incident.
The Office of Emergency Medical Services later cleared Griffin and said it planned no action against his paramedic credentials.
The Fraley's lawyer says they are seeking the lawsuit to also make "what happened to Atlas public in an effort to prevent a similar tragedy from happening to someone else's child."