Previous coverage in video aboveA former Ralston High School student who was seeking a jury trial against Ralston Public Schools and a former teacher in the district, alleging racial discrimination, has dismissed the case against the teacher but not the school district.According to court documents, Ezekiyal Wells' yearbook photo was used in a science exam given by Ralston High School teacher Thomas Earhart without his permission in May 2021.The first question on a zoology final showed a picture of the then-17-year-old and asked, "Which class includes the animal shown?"The first seven questions of the exam all ask the same question with various pictures, all with the same possible answers: agnathia, amphibia, Aves, Chondrichthyes, Osteichthyes, Mammalia and Reptilia.Wells, who was a junior at Ralston High School, became aware that his photo was used when he encountered several students laughing at the photo being included on the test, according to court documents.The high school principal gave the Wells family a printed copy of the exam. In that copy, Wells' photo is the only human or student photo part of the test.According to court documents, Earhart said he used the photo because Wells was in his class during the previous year, and he had a conversation about primates with Wells.In 2021, Wells told KETV NewsWatch 7 that he isn't even in the class, so he had no idea his photo was on the test until other students showed him."To me, it came out more racist, if anything, because it's like you're trying to identify me as something," said Wells. "I know I'm a human. You're not about to sit here and say I'm other than that."Now, Wells has agreed to dismiss the motion against the teacher, plus the claim of emotional damages. He has not dismissed the case against the school district claiming racial discrimination under Title VI.Ralston Public Schools filed a motion to dismiss the charge, which was denied.Get the latest headlines from KETV NewsWatch 7