Knox’s comments referred to homosexuality as a “perverted spirit” that “breeds like cancer”.
Her attorney filed notice with the U.S. District Court in Newark on Tuesday.
Speaking to CBS 2 regarding the controversy in 2011, the former teacher’s husband Gene said:
“Everybody’s entitled to an opinion. They can persecute her, but they can’t prosecute her.”
However, Knox was suspended without pay following an investigation and resigned several months later, citing health problems.
In 2013 Knox sued the school district for religious and racial discrimination, free speech violations and denial of due process.
The lawsuit, which is continuing in federal court, seeks compensatory and punitive damages and back pay.
Watch the 2011 interview in which Gene Knox supports his wife, AFTER THE JUMP...