Safety Law News for July 28, 2022

— In North Carolina, the United States District Court refused to dismiss the excessive force case of a 7-year old student who was handcuffed by a police officer.  The officer interrupted two educators who were allowing the special needs student to calm down in the school’s “quiet room,” in compliance with their Crisis Prevention Intervention training.  After the student spat at the educators, the officer took over, handcuffing the student on the floor for 38 minutes with his knee in the student’s back. The educators did not intervene in any way. The court held that it was a question for a jury to determine whether the educators breached their duty to protect the student by failing to intervene.  The court also held that the facts met the “truly egregious circumstances” standard for the negligent infliction of emotional distress under state law. Finally the court denied immunity for the officer, finding that “all school resource officers (are) on notice that young children who commit minor offenses should not be handcuffed if they pose no safety threat or flight risk.”  A.G. v Fattaleh

— In Mississippi, the Mississippi Board of Education voted to revise its policy that prohibited anyone other than law enforcement from carrying guns on public school campuses.  As a result of this change, any school district may allow its employees who hold enhanced conceal carry licenses to possess weapons at school.

— In Oklahoma, over 100 resource officers and school administrators from across the state are receiving school safety training hosted by the Tulsa County Sheriff’s Office.  The participants are being trained on threat assessments, social media threats, active shooter procedures, and best practices toward creating trusting relationships with students.

— In Illinois, school resource officers from the Peoria Public Schools are partnering with the Peoria Police Department to enforce curfews and head off youth violence and other incidents.  Under the agreement, the school officers, who are familiar with many of the youth and their families, will assist the police department in addressing youth violence before it spills over into the schools.