QUESTION
Is it legal for my son to be handcuffed by the school's resource officer for slamming his books on the floor?
Asked on Oct 10th, 2012 on Criminal Law - Montana
More details to this question:
Since this happened, another teacher has been taunting another one of my sons about having the same officer to remove him from her class in handcuffs.
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably. The act of slamming his books on the floor could be interpreted as exhibiting the potential for an act of violence. Handcuffs restrain a person without injury and allow the arresting officer to take control. As for the taunting, ask for a face-to-face meeting with you, the teacher and a school administration official to calm the situation down and get it to stop (no accusations or raised voices)
Answered on Oct 11th, 2012 at 3:36 PM
John J. Carney
The school has to keep order and restrain violent or irrational students. More and more teachers and students are being injured by students who attack them, fight, resist arrest, or refuse to do as they are told. If they restrain him for "reasonable grounds" then there is nothing you can do. If he threw his books on the ground and they felt he was acting in an irrational manner they have the right to restrain him or arrest him. They can hold him in custody until the police arrive. His actions were not that bad or dangerous, but I do not know all the facts and circumstances so I can not give you an informed opinion. Talk to your child and tell him that he must control his temper and avoid confrontations or public displays of anger or he will be arrested.
Answered on Oct 11th, 2012 at 3:35 PM
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R. Jason de Groot, P.A.
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More facts than this are needed. Slamming books on the floor is probably not the only thing that happened. Get a copy of the resource officer's report. Take that to an attorney and discuss the matter. This certainly does not sound right. It is a very embarrassing thing to be handcuffed, there could possibly be a cause of action for false imprisonment.
Answered on Oct 11th, 2012 at 3:34 PM
I don't know the circumstances to give a legal opinion but if the school is handcuffing your son you should be focused on what he's doing to get handcuffed not how to hire him a lawyer. My father always said if he was called by the teachers or the principal I should assume it would be me that was in trouble. He mean it and so should you.
Answered on Oct 11th, 2012 at 3:34 PM
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Freeborn Law Offices P.S.
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Sounds like there is more to this story than you are telling me.
Answered on Oct 11th, 2012 at 3:24 PM
With all the school shootings going on, he is lucky he only got handcuffed and not slammed to the ground.
Answered on Oct 11th, 2012 at 3:23 PM
Ronald A. Steinberg
I think that you need to make an appointment to meet with the teachers, the school administration, and your children. I think that you need to learn what actually happened, and not what your children have said; they may not be telling you the truth. When you learn the truth, you will be able to figure out what to do, if anything.
Answered on Oct 11th, 2012 at 3:18 PM
File a civil rights action against the "resource" officer and the school district.
Answered on Oct 11th, 2012 at 3:17 PM
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Bulman Law Associates PLLC
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Slamming books is a violent act. The resource officer has a right to protect himself and your son. Taunting is not good but it is a judgment call. Instruct both sons to not rise to any provocation. The officers will always win the liar's contest about who said what and did whatever.
Answered on Oct 11th, 2012 at 3:17 PM