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Friday, August 21, 2015

Kentucky Mother Files Lawsuit Against School for Handcuffing Special Needs Student

Can a parent sue on behalf of his or her child for alleged injuries caused by school staff?

“You can do what we’ve asked you to, or you can suffer the consequences.”

This statement, which was made by a School Resource Office (SRO) under hidden surveillance during an altercation with an eight-year old student, has been entered as pivotal evidence in a federal lawsuit against the school initiated by two mothers of special needs student-victims. According to the complaint, which was filed by the ACLU on August 3, 2015, SRO’s are accused of engaging in egregiously unnecessary violence in order to subdue and detain “unruly” third-graders accused of interfering with other students. Alarmingly, the officers used handcuffs to shackle the students’ arms around the biceps, as the cuffs were too large to fit around their wrists. This maneuver was also caught on camera, and serves as a reminder that school is not always one of the safest places for our children – particularly for those children suffering from medical conditions or having other special needs.

According to one mother’s assertions, one of the children required immediately medical intervention by a psychiatric team following the incident, and was transported via ambulance for evaluation and treatment. The mother further alleged that the incident led to a mental health crisis for her child, who suffers from an ongoing mental health condition causing her to engage in erratic and unpredictable behavior.

The mothers are seeking compensation for the expenses related to the incidents, as well as for the emotional pain and suffering endured by their children as a result of being shackled. In addition, the lawsuit calls for the school to amend its disciplinary procedures to prohibit the use of handcuffs (shackling) – a measure already banned by existing Kentucky’s public school regulations.

If your child has recently experienced an accident or injury at school in any region of Kentucky, and you would like to discuss your rights to protect his or her safety, please contact Flora Templeton Stuart, Injury Lawyer today: 1.888.782.9090.

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