Charlie Buttrey

August 6, 2019

Back in April of 2014, a seven-year-old (identified only as “K.W.P.”) became upset when he was the target of bullying. When he didn’t calm down, a police officer who was at the school at the time was asked to intervene. The officer asked the boy to accompany him to the hallway. After K.W.P. tried get away as they were both walking, the officer grabbed K.W.P.’s wrist, and K.W.P. responded by jerking his body away. The officer says then warned K.W.P. that he would be handcuffed if he didn’t calm down.

Which is exactly what the officer did after K.W.P. grabbed a handrail on the side of the hallway, The officer took the boy to the principal’s office, where the boy remained handcuffed until his father arrived at the school.

I don’t know which is sillier: the idea of handcuffing a seven-year-old, or the idea of suing the school district for violating his constitutional rights.

Sillier still: in tossing the suit, the 8th Circuit Court of Appeals concluded that a reasonable officer could have concluded that the child had committed “an act of violent resistance” that justified handcuffing.

© 2019 Charlie Buttrey Law by Nomad Communications