Safety Law News for February 24, 2020

• In Kentucky, the Governor signed into law the school safety bill that will require school resource officers to be armed.  The law goes into effect immediately.  (Senate Bill 8)

• In New Jersey, the United States District Court refused to dismiss an excessive force lawsuit against a  “Class III” school resource officer whose conduct toward elementary school students caused him to be taken off duty.  “Class III” school resource officers are previously retired law enforcement officers who are rehired to provide security in the schools.  The officer received a waiver allowing him to bypass basic training prior to being assigned to the school.  The parent’s claims alleging failure to train and failure to supervise were dismissed because of improper pleading. (Terranova v. Borough of Hasbrouck Heights)

• In Virginia, the United States District Court, refused to dismiss a case brought against a school resource officer accused of excessive force while lawfully seizing a cell phone from a student accused of posting nude pictures.  The court ruled that a jury should determine whether the force was reasonable.  The court also refused to grant immunity to the officer because the right of a middle school student posing no imminent risk of harm to be free from excessive force was clearly established before the incident occurred.  (Z.F. by Next Friend Fleming v. Adkins)

• In Indiana, officials at Mishawaka High School are implementing a policy to issue tickets to students caught vaping at least twice. The citations come with a $145 court fine and other legal consequences similar to traffic tickets.