Safety Law News for April 8, 2022

— In Michigan, the United States Court of Appeals affirmed a lower court denial of qualified immunity for two school resource officers.  A student filed a lawsuit asserting a violation of his rights under the Fourth Amendment when the officers used excessive force to forcibly remove the student from the school building.  The court held that the “use of force was unreasonable in violation of the Fourth Amendment. (The student) was not suspected of any serious crime, was not posing a threat at the time he was struck and was not resisting arrest.”  The 14-year old student was reentering the school after school ended to retrieve personal property.  E.W. v. Detroit Public School District

— In Kentucky, Owensboro Police Department school resource officers in the school district’s middle and high schools carry Narcan as part of their safety protocol. Officers in the Daviess County Public Schools Police Department are also being equipped with Narcan for use if they need to resuscitate a student or a staff member having a reaction to opioids.

— In Pennsylvania, the Pennsylvania Attorney General released a Report on school safety detailing the sharp increase in reports of potential violence in schools made to the statewide tips system Safe2Say Something PA.  Staff in the Attorney General’s office analyze the tips and report safety concerns to local school districts and the 911 center.

— In Nevada, the Clark County School District removed the principal of a high school because the school was not safe.  Desert Oasis High School was experiencing serious incidents that placed students at risk of harm, including a student arrested with a gun on campus, multiple fights, and two consecutive days where the school was placed on lockdown.