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Thursday, January 9, 2014

Arrested & Cuffed for Being in Wrong Class

This story comes from the Courthouse News Service, which reports in part: 

Castaneda [the plaintiff] says he had severe attention deficit hyperactivity disorder, and the school knew it. He says he was scheduled for in-school suspension that day but forgot it, or had not been told about it, so he went to his regular class.

 

[Officer] Hensley then "sought [him] out" and found him in his regular class, according to the lawsuit. Castaneda says he told the cop he had forgotten to go to the ISS room, and his teacher "informed defendant Hensley that she had forgotten to remind him, and that forgetting was part of his disability."

 

Hensley searched him, then handcuffed him with zip ties and took him to juvy hall, Castaneda says. He claims the zip ties were so tight they turned his fingers blue, and that Hensley charged him with a crime: Interference with Members of Staff, Public Officials or the General Public."

 

Castaneda claims that "the City of Albuquerque in encouraging and allowing police intervention into behavioral issues has prevented plaintiff from receiving full access to education opportunities," and that disabled children "should not be handcuffed."

 

He seeks punitive damages for excessive force, unreasonable search and seizure, violation of disability law by "criminalizing disabilities and suspending children for manifestations of disabilities," battery, false imprisonment, negligent training, and violations of the state and federal constitutions.

http://lawprofessors.typepad.com/civil_rights/2014/01/arrested-cuffed-for-being-in-wrong-class.html

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Comments

Were there other facts, such as defiance, once asked to leave? Under no circumstances should crimes and breaking of school rules be rewarded with a civil judgment. I would like a direct action group visit the plaintiff lawyer and administer harsh corporal punishment.

The lawyer has totally undermined school discipline. Any judge allowing the case to proceed past summary judgement motions should get the same. The lash.

Once again what the lawyer calls a mitigating factor ADHD is actually an aggravating factor making the plaintiff uncontrollable. If the student had not taken his medication, the matter is entirely his fault.

Posted by: Supremacy Claus | Jan 10, 2014 12:38:22 AM

And further more.

Posted by: Liberty1st | Jan 10, 2014 2:28:16 PM

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