ATLANTA -- The mother of an 11-year-old allegedly held at gunpoint by a store clerk is filing a lawsuit against the store and the clerk.

The incident happened back in July at Big Brother’s grocery store in southwest Atlanta. Dylan Curate walked into the store during the early hours of the day.

That's when police say a clerk locked the door and pointed a revolver at him telling him to leave.

Police said the clerk told them that kids had stolen from the store in the past and he thought the boy may be doing the same.

The 11-year-old, however, was unarmed and did not have any merchandise.

The clerk was charged with aggravated assault.

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