School Officer Handcuffs Disabled Students' Arms

After two disabled children were placed in handcuffs at school, two Kentucky women are suing a county sheriff and a school resource officer. Kentucky already has regulations that ban school officials from physically restraining students that have known disabilities.  

The handcuffs were too large to be placed on their wrists, so they were placed on their biceps behind them. The 8 year old boy and 9 year old girl had been diagnosed with attention deficit hyperactivity disorder.

A video of the incident was captured by a school administrator and uploaded to YouTube by the American Civil Liberties Union.

The boy was taken his classroom because he wasn't following his teacher's directions, and was handcuffed after trying to jab the officer with his elbow. The girl was taken from her classroom because she was being disruptive.

The lawsuit is asking that the school never do this again, and compensation for pain and emotional trauma and attorney's fees.



Comments from Allen:
 This is a tough call.  What does an officer do when an out-of-control child lashes out and physically begins hitting others around him?  The officer involved claims his training requires restraining someone who physically lashes out and tries to hurt those near him or her.  The school has a policy of prohibiting restraints such as handcuffs from being used on children, particularly disabled children.

The officer is probably going to lose here.  There are other ways to physically control children who are acting as the children in this case were acting.  I am not aware of any parent who uses handcuffs to control his children.  Children this age and size can be physically controlled just by grabbing them with one arm.  Yeah, they are going to thrash around, but that's just what some kids do.

The key in this case is the school's formal, written policy concerning physical restraints.  It was in place at the time of the incidents.  It was violated.  Cop loses.

The difficult part of this case, from the Plaintiffs' perspective, is damages.  What is an appropriate amount of damages for a disabled child to be punished by having to wear handcuffs for a brief amount of time?  The Plaintiffs' attorney will need to bring in a child psychologist who has examined the children to establish how this incident affected the children's lives.  Damages will go up or down, depending upon how the psychologist answers that question for these children.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.cbsnews.com/news/kentucky-officer-handcuffed-mentally-disabled-kids-as-punishment-lawsuit-says/

http://abcnews.go.com/US/wireStory/mothers-officer-restrained-children-put-handcuffs-arms-32872245

http://www.csmonitor.com/USA/USA-Update/2015/0804/Police-officer-handcuffs-children-with-learning-disabilities.-Who-is-at-fault

http://www.usatoday.com/videos/news/nation/2015/08/04/31109393/

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