A lawsuit has been launched by the ACLU against Kansas City Public Schools. In the complaint, the plaintiff alleges that a seven year-old child, who weighed less than 50 pounds and was not even four feet tall, was handcuffed before being led to the principal’s office after a classroom disturbance.
The incident occurred in April 2014. Kalyb Primm, a student with a slight hearing impediment, was asked by his teacher to move to another seat in their classroom at George Melcher Elementary School. Primm alleges in the lawsuit that he was being teased and bullied, which led him to cry and yell. A school resource officer named Brandon Craddock was passing by and heard the disturbance.
Entering the classroom, Craddock tried to join the teacher’s efforts to quiet Primm. When these efforts didn’t succeed he asked Primm twice to accompany him to the office of the school’s principal Anne Wallace. The complaint says that Primm became frightened once outside the classroom, crying again and trying to walk away. Craddock attempted to lead Primm to the principal’s office by the arm, but the child grasped a railing with his free hand. Allegedly without trying to find a way to de-escalate the situation, Craddock handcuffed the boy, taking him to the office where he sat quietly for 10 to 15 minutes while waiting for his father to arrive.
The ACLU lawsuit argues that Primm’s Constitutional rights were violated by the actions of the school resource officer. Among the allegations, the complaint says that Primm was unlawfully seized and restrained. ACLU legal director Tony Rothert remarked that, “Gratuitously handcuffing children is cowardly and violates the constitution.” Moreover, the action may have been a violation of state law. Plaintiffs are requesting attorney’s fees and compensation for damages. Additionally, the complaint asks for enhanced training regarding constitutional rights for school resource officers in the region.
This lawsuit is still in its early stages. Nonetheless, it demonstrates the pressing need for law enforcement, security officials, schools and businesses to be aware of the constitutional rights of every citizen, and to actively work to support those rights.