'DWTS' Val Chmerkovskiy Sued by Girl with Down Syndrome

1/29/2016 4:59 PM PST

'DWTS' Val Chmerkovskiy -- Sued by Girl with Down Syndrome


Val Chmerkovskiy is being sued by a 16-year-old girl with Down Syndrome, who claims the 'DWTS' pro caused her severe emotional distress by posting a pic that mocked her. 

The girl claims in 2008 she was at a baseball game and someone took the picture of her drinking a soda. The guy posted the pic with the heading, "Everything that's wrong with America."   

The pic became a meme in 2014, and Val posted it 3 weeks ago on Facebook.  The caption on the meme read, "Letting your kid become obese should be considered child abuse."

The girl claims, thanks to Val and CBS News -- which also posted the pic -- the meme went viral and she's been humiliated. She says her mom sent several emails to Val asking him to take down the meme, and he responded with a post that read in part, "I am truly sorry for the lack of sensitivity ... You're handicapping your kid, and they're defenseless." 

Val went on to criticize the girl's mom, saying, "They don't know better. That's why you're there."

The lawsuit essentially says the reason the girl has weight issues is because of her condition.

The suit alleges defamation, emotional distress and invasion of privacy.

The girl wants $6 million from Val and $600k from the photographer. She also wants $6 million from CBS.