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 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.