— In Iowa, the United States District Court dismissed a lawsuit against a police officer and a school district brought by a student who was taken down to the ground and briefly handcuffed after engaging in behavior that the officer believed was threatening toward the school principal. The court observed that were two competing governing standards under the Fourth Amendment. Under Graham v. Connor, 490 U.S. 386 (1989), “courts must consider: (1) the severity of the crime at issue; (2) whether the suspect posed an immediate threat to anyone; and (3) whether the suspect was actively resisting arrest or attempting to flee.” Under New Jersey v. T.L.O., 469 U.S. 325 (1985), “a seizure is justified at its inception if there are reasonable grounds to believe that the student has violated or is violating either the law or the rules of the school. A seizure is reasonable in scope if it is reasonably related to the objectives of the investigation and not excessive in light of the student’s characteristics and the nature of the alleged infraction.” The court concluded that “(u)nder both the Graham and T.L.O. standards, the (officer’s) conduct was objectively reasonable.” “(The student’s) behavior culminated in him moving toward (the principal) while yelling, clenching his fists, and raising his arm. In these circumstances, (the officer’s) use of force to take (the student) down and briefly place him in handcuffs was aggressive but not unreasonable, particularly given (the student’s) large size and strength for his age and (the officer’s) awareness that (the student) had already made physical contact with (the principal) and another school employee a few minutes earlier.” M.C. v. JAMES BENNETT, THE CITY OF BETTENDORF, & BETTENDORF COMMUNITY SCHOOL DISTRICT, United States District Court, S.D. Iowa, Eastern Division. December 1, 2022; 2022 WestLaw 18956169.
— In North Dakota, the Fargo Police Department and the West Fargo Public Schools are broadening the roles of the police officers deployed to the campuses to combat bullying. The officers are trained to understand that “bullying and fights can be a teaching moment for all involved.” The school resource officer program places special emphasis on officers as an “asset that is in place to help students.”
— In Massachusetts, the Somerville School Committee voted to call for the permanent removal of police from the city’s public schools. The new policy would not deploy officers at schools, but would summon police for emergency situations. “School discipline would be the responsibility of school administrators. The school community would get to know the officers during structured meetings such as coffee hours, workshops and during extracurricular or athletic activities.”
— In Washington State, an agreement between six Wenatchee school districts and Chelan County “will allow school resource officers to partner with the county jail’s narcotics-detecting dog and her handler.” The dog has been trained to detect six odors, including marijuana, and fentanyl.