8-year-old disabled child arrested for not sitting correctly in school
The boy has severe ADHD and diagnosed behavioral issues. The school knew and had educational and behavior plans in place that weren’t followed. The pending lawsuit says he was placed in a classroom and cafeteria setting which were not appropriate for him.
The boy was in the cafeteria when the substitute teacher told him to sit correctly. He didn't. She tried to move him when he said "Don't touch me." When she didn't remove her hands from him, he punched her in the chest once with his right hand. The teacher didn't report being injured nor appear to be.
When the two police officers arrived, the boy was sitting calmly and quietly in the hallway outside of the school office. The police decided to teach him a lesson by arresting him. They attempted to put him in handcuffs which were too large, and telling him he was going to jail. He was visibly upset and scared when he asked for his father. The police lied and told him he left the building which wasn’t true. At the same time, his mother was in the hospital having a tumor removed.
The boy was locked in the back of a police car, taken to juvenile hall where his mouth was swabbed, his DNA and mugshot were taken, he was fingerprinted and then locked in a cell for several minutes. He was charged with a felony battery charge. Those charges were eventually dropped.
The child suffers severe psychological injury as a result of the arrest which includes loss of breath, hives, stomach aches, headaches, insomnia, nightmares and refusal to sleep alone. Some of the psychological trauma may be permanent.
Federal lawsuit alleging civil and disability rights violations and excessive police force has been filed.
Article, videos and lawsuit document.
https://www.local10.com/news/local/2020/08/11/key-west-mom-speaks-about-8-year-old-childs-arrest-that-was-caught-on-camera/