Safety Law News for December 2, 2022

— In Alabama, United States Court of Appeals ruled that a school resource officer was entitled to qualified immunity for restraining a student, resulting in the officer breaking the student’s arm.  The special needs student, “entered a classroom, informed his teacher he did not take his medication, and proceeded to act disruptively.”  After several unsuccessful attempts by teachers, a counselor, and an administrator to deescalate the situation, during which the student “punched a locker and moved in the administrator’s direction,” the officer grabbed the student by the arm.  The arm of the student was broken as the student “forcefully resisted” the attempts of the officer to calm him down.  The trial court denied the officer’s request for qualified immunity as to the student’s excessive force claim.  Reversing the ruling of the lower court, the appellate court held that the officer’s conduct was objectively reasonable in light of the facts.  “[The officer’s] actions were justified when he first detained [the student]… the amount of force used was reasonable… the line between reasonable and excessive force is marked by the resistance of the detainee.” J.I.W. v. Blake Dorminey

— In New York,  New York City Schools’ Chancellor is implementing a comprehensive plan for improving special education, earmarking $205 million to expand programs for students with disabilities and creating an advisory council to drive future reforms.  The officials are also creating paid internships for high school students with disabilities in physical, occupational and speech therapy, to lead programs on Saturdays for younger kids also in special education.

— In Michigan, the Westwood Community School District Superintendent is implementing new security measures to improve school safety.  The district is heavily investing in door barricades, security cameras and additional staff training.  Additional technology will communicate information about a campus incident through a Bluetooth-network into staff tablets. 

— In Ohio, police officers in Streetsboro are being equipped with Autism Kits to help interact with kids with autism.  The kits contain multiple items designed to help officers better interact with children with autism or anyone with sensory issues.  The goal is that “providing some of these items that in the future, perhaps, they won’t be scared of police officers and won’t be as traumatized.”