Affordable Family Law Attorney Chico

Affordable Family Law Attorney Chico

Tuesday, May 31, 2016

Lawsuit Alleges: Child Shackling of School Kids with ADHD by Sheriff Violates Disability+Constitution


http://www.abajournal.com/news/article/suit_claims_painful_shackling_of_school_kids_with_adhd_violates_constitutio/

A lawsuit filed on behalf of two children in Kentucky claims a sheriff’s deputy handcuffed them in a painful position for misbehavior at school, violating their constitutional rights and the Americans with Disabilities Act.
The suit (PDF), filed on Monday in federal court in Covington, Kentucky, alleges the children were being punished for behavior relating to their disabilities, according to an American Civil Liberties Union press releaseMSNBC, the New York TimesCincinnati.com and the Lexington Herald-Leader are among the publications with stories.
The suit says both children, who were handcuffed in the fall of 2014, have attention deficit hyperactivity disorder. The boy, who was 8 at the time, also had a history of trauma while the girl, who was 9, had additional special needs. The children were handcuffed at their biceps, with their arms held close together behind their back. The Kenton County sheriff’s deputy who shackled them was a resource officer for several public elementary schools in Covington.
A school official made a video recording of the boy’s shackling and turned it over to his parents. The suit claims the children were subjected to excessive force in violation of the Fourth and 14th amendments, and subjected to disability-based discrimination in violation of the Americans with Disabilities Act.
Kentucky school regulations bar the shackling of children unless they pose an imminent danger to themselves or others, the suit says. Neither child posed such a danger, according to the complaint.
Note by blogger: If in fact a child was an actual danger to him/herself in a mainstream school, that's one thing; if in a special needs environment, it might be different since in some cases kids are physically restricted but not necessarily with a handcuff type apparatus; and without any restriction or removal, or other appropriate intervention-- other kids would be subject to harm. Schools are highly regulated in all states as to what they may do with children in terms of punishment, especially when considering special needs kids.