Articles Tagged with California School Lawyer

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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.

Wooden gavel and handcuffsThe 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.

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The Third Circuit Court has ruled in favor of a Pennsylvania school district in a lawsuit brought by the family of a student who was assaulted on a school campus. The assault occurred in the 2012-2013 school year at Chester High School, which is within the boundaries of the defendant in the lawsuit, Chester Upland School District.

Stop school violence road signThe victim was Alphonzo Green, a high school freshman at the time of the assault. Chester High had abolished the issuance of student identification cards, and was not requiring visitors to register at the office or wear a pass. A trespasser entered the campus on a day that is referred to as “National Fight Day” with the apparent object of assaulting several students. Green was one of these.

Green’s father, Alphonzo King, filed a lawsuit against the school district, citing their lax security policies as having caused the attack on his son. According to the complaint, Green’s civil rights had been violated and the district had fostered a dangerous condition when it did away with the ID card requirements. Thus, the complaint argued, Green’s due process was violated.

A district court decided in favor of the defendant, but King chose to appeal to a higher court. The three judge panel sided with the lower court, finding that the claim did not meet four criteria that would have proven the school district’s liability. Mainly, the judges relied upon whether or not the district’s decision not to provide student identification cards was an affirmative act that created a situation that was dangerous for the plaintiff. They concluded that the omission of ID cards did not constitute an affirmative act.

Moreover, the judges felt that the plaintiff couldn’t demonstrate how the physical assault was a “fairly direct” consequence of the school’s refusal to issue ID cards. The plaintiff could only succeed with this claim if he proved that the lack of student ID cards somehow provided the impetus for the physical assault. Arguing that the attack was the result of “random criminal conduct,” the judges decided that the district bore no liability in the incident.