ELIZABETHTOWN, Ky. (WDRB) -- The family of a 4-year-old boy who died while in foster care has filed a wrongful death lawsuit.
The lawsuit filed Tuesday alleges Hunter Payton's foster parents, Billy Embry-Martin and his husband, Travis Embry-Martin, are responsible for the child's death.
According to the lawsuit, "...Hunter was subjected to corporal punishment, including but not limited to physically violent punishment, physical abuse, and denial of food."
Police said Hunter lived at a home in the 300 block of Black Ravens Court in Radcliff.
An arrest report said Billy Embry-Martin was the only foster parent home on May 8 of last year in Radcliff and told police the 4-year-old was injured during a fall.
The boy died two days later at Norton Children's Hospital in Louisville.
Attorney Ronald Hines filed the lawsuit and is representing Hunter Payton’s family in the case.
“We’re trying to get justice for Hunter, 4-year-old Hunter Payton, who was killed, and for his family," Hines said. "The grieving parents who are never gonna get over the loss of their child."
An attorney for the foster parents declined to comment.
The civil suit is also seeking damages from foster agency Necco, which declined our request for an interview but provided a statement from Kentucky Executive Director Kelly Conley:
"The health and well-being of all children in the care of Necco families is always our top priority. Due to the confidentiality of this case, we cannot provide additional information at this time. We are working closely with concerned parties."
Billy Embrey-Martin's criminal case is still pending.
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