Safety Law News for October 7, 2022

— In Florida, the United States Court of Appeals denied qualified immunity to a school resource officer who, while intervening in a argument between a student and his mother, grabbed the student’s face, shoved him in the chest, and threw him to the ground using an “armbar” technique, holding him down for over three minutes.  The lower court had ruled that the SRO had probable cause to arrest the student for pushing his mother and, therefore, had qualified immunity as to the false arrest, battery, and excessive force claims.  The appellate court held that as to the excessive force and battery claims “unprovoked force against a non-hostile and non-violent suspect who has not disobeyed instructions violates that suspect’s rights under the Fourth Amendment.”  The appellate court also held that, the SRO’s “decision to start the physical confrontation was unrelated to any law enforcement need to restrain or arrest (the student).”  Richmond v Badia.

— In Alabama, officials in Daphne are confiscating more electronic vapes and e-cigarettes brought to campus by students.  The devices often contain drugs rather than nicotine.  The police are beginning to arrest students who possess the devices containing THC.

— In Tennessee, the Governor signed an Executive Order to promote school safety.  Elements of the Order include, An increase in periodic audits of Tennessee local school security assessments and school safety plans, additional training for school personnel, and more frequent visits of school campuses by the Tennessee Highway Patrol.

— In Wisconsin, the Wauwatosa School Board met with parents to discuss the role of police officers in schools after an increase in violence.  There were several fights and acts of violence throughout the district, prompting a two-hour discussion of how police officers will act to quell violence.