by Bernie James • • Comments Off on Safety Law News for 11/26/14
Federal court rules that a school resource officer did not violate the civil rights of a special education student when he arrested her, handcuffed her, and transported her to the juvenile detention center following an altercation in the classroom. [J.H. ex rel. J.P. v. Bernalillo County]
California appellate court rules that a student’s act in walking away from a school resource officer, while knowing that officer wanted to talk with him, did not constitute resisting a police officer under California law, where juvenile did not physically resist the officer, and officer did not assert any authority or attempt to physically restrain juvenile. [In re Juan A]
Federal court denies summary judgment and qualified immunity to a school resource officer who confronted an unruly student—who posed no threat to the safety of the officer or anyone else – and used unreasonable force by (1) applying an arm-bar to restrain the student, (2) forcing the student up against the metal lockers, and (3) lifting the student off the ground using the arm bar. This conduct resulted in breaking the student’s arm. [Williams v. Nice]