QUESTION

Is there a legal fight against the school’s resource officer for putting my son in a handcuff after slamming his books on the floor?

Asked on Oct 10th, 2012 on Personal Injury - New York
More details to this question:
Another teacher keeps threatening my other son that she's going to have the same officer come and remove him from her class in handcuffs. She does not make that statement to other students.
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5 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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It would nice to know all the facts, from the teacher, from students and from police before answering a question like this.
Answered on Jun 27th, 2013 at 12:26 AM

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Ronald A. Steinberg
I would set up a meeting between the teacher(s), the officer, the principal, and the school administration. I do not think that behavior is appropriate. However, since kids are much more verbal and aggressive than when I was a kid, I don't think you should DO anything else until you learn the complete truth.
Answered on Oct 14th, 2012 at 8:13 AM

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Yes, that's assault and battery.
Answered on Oct 11th, 2012 at 4:40 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on whether your son did anything to justify being handcuffed. I would need to hear the officer's side of what happened.
Answered on Oct 11th, 2012 at 4:39 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Doubtful. The act of slamming his books on the floor could be interpreted as exhibiting the potential for an act of violence. The resource officer will claim that he/she needed to use the handcuffs to restrain your son and take control. As for the threatening by the teacher, 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). Follow up with a letter summarizing the meeting and stating that there are to be no further such threats.
Answered on Oct 11th, 2012 at 4:36 PM

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