A federal appeals court has ruled that three Honolulu police officers are not immune from a lawsuit filed on behalf of a 10-year-old girl who was handcuffed and arrested at school for allegedly drawing an offensive and violent photo of another student.
in a unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that the officials were not entitled to qualified immunity, a judicial doctrine that shields government officials from civil lawsuits when prior case law did not clearly define the rights allegedly violated by government officials. doctrine Protect officials who abuse their power Protection from legal consequences and making it harder for victims to hold them accountable.
Citing a previous ruling, the Ninth Circuit held that handcuffing a complaining child who was surrounded by adults constituted excessive use of force and that “no reasonable officer would believe the alleged use of force against a 10-year-old child as alleged in plaintiff’s second amended complaint.” The level of force used by NB – that is, putting her in adult handcuffs and transporting her to the police station – was necessary.
In 2020, school officials at Honowai Elementary School called the 10-year-old girl’s mother, Tamara Taylor, identified in the lawsuit as NB, after another parent asked the school to report her daughter to police. It is alleged that NB was involved in drawing an offensive sketch of a student in response to the student bullying her.
reason report 2021:
Taylor said when she arrived at the elementary school, police detained her in a room and refused to let her leave. Meanwhile, police were questioning her daughter in another room. Police then allegedly decided Taylor’s daughter wasn’t taking them seriously enough, handcuffed her, put her in a squad car and took her to a police station, all without allowing her to see or talk to her mother .
Taylor’s daughter was not ultimately booked or charged with a crime, but she was detained for four hours. Taylor and her daughter have since moved out of Hawaii.
The American Civil Liberties Union of Hawaii (ACLU) and the law firm Caballero Law LLC filed a civil rights lawsuit on behalf of Taylor and NB, alleging false imprisonment, racial discrimination and excessive use of force.
Attorneys for the city and county of Honolulu said the controversial, violent cartoon depicts a gun-toting figure with the top of his head chopped off and carries a threatening and vulgar message. them debate Despite her complaint, the cartoon likely led to police handcuffs and attention because the cartoon suggested she was a “terrorist” threat.
“this [Honolulu Police Department] “We are committed to applying its policies and procedures fairly, impartially and equitably to address and respond to credible threats involving school violence,” a spokesman for the department told reporters. reason 2021. “In light of all of the incidents that occurred on the mainland and in Hawaii, and based on the facts, HPD believes that its officers took actions they believed were reasonable and necessary given the nature of the incident and the threat.”
In addition to seeking $500,000 in damages, Taylor’s lawsuit asks HPD and the Hawaii Department of Education to implement a number of reforms, such as requiring that minors be interviewed by a police officer in the presence of a parent or legal guardian and to call police only if: The student poses an imminent threat of substantial harm to someone.
While the Ninth Circuit denied Honolulu police immunity against Taylor’s excessive use of force charge, it did dismiss her false arrest claim against the officers, ruling that Taylor failed to cite a case with the same circumstances and that her assertion that an individual had the right not to Probable excuse to avoid arrest is not enough.
This is not the first time a child has been handcuffed at school. In 2019, an Orlando school resource officer made national headlines when arrested A 6 year old girl. In another case, body camera footage show Police in Key West, Florida, tried to handcuff an 8-year-old boy but were unsuccessful because his wrists were too small for the handcuffs. In 2021, the ACLU sued the Douglas County School District and the Douglas County Sheriff’s Office in Colorado, alleging Handcuffing an 11-year-old autistic boy and left him in the back of a police car for two hours while he banged his head.
In response to such incidents, lawmakers across the country have taken action. introduce legislation Raise the minimum age for child arrest. Many states have no minimum age for juvenile delinquency, while others set the threshold very low. For example, children in North Carolina are six years old.
