Was the school officer acting within her rights?

Atlanta, GA Viewed 26 times. Posted 6 months ago in Civil Rights

My child is 12. An incident occurred at school where my child would not go to the office as requested several times by the school officer and an administrator. My child was sitting in a desk in the computer lab and the officer and the administrator had all students removed from the lab. The officer attempted to handcuff my child and my child resisted. My child was eventually charged with 2 misdemeanors and a felony (obstruction of a police officer). Did the officer have the right to handcuff my child if my child was sitting in the desk and not threatening anyone? I hope enough information has been provided. Thank you. - Is this your question? Add additional information

Answers (3)

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 6 months ago.

Your child would not go to the office as requested several times by the school officer. Your child resisted when the officer tried to difuse the potential harm by using handcuffs. So, the way I read your post, your child was posing a threat and I do not agree that your child was not threatening anyone.

You should get your child a lawyer. Your child should not defend these allegations and charges without an advocate. Maybe a lawyer can convince the prosecutor to look at the matter differently than I have.

Good luck.

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David C. Garner

This attorney is licensed in California. Posted 6 months ago.

I would suggest that you hire a lawyer for your child. I would also suggest that you teach your child to obey the lawful instructions of the school staff and police. It sounds from your facts that the administrators acted properly. You and your child do not have the right to refuse lawful instructions because you have decided the child is "not threatening anyone" and the child does not want to obey.

It's not your school. If the child will not obey then the child is going to get canned.

Keith Samuel Hasson

This attorney is licensed in Georgia and 1 other state. Posted 6 months ago.

Unlike the other attorneys who responded, I'm not convinced that the school officers and employees acted appropriately, and would like to know more about the facts before jumping to the conclusion that your child was at fault. Why was your child being asked to go to the office? What facts led the officer to believe he or she had probable cause to handcuff your child? I do, however, agree with my colleagues that you need to hire an attorney to represent your son rather than trying to deal with the criminal charges on your own. You should find a lawyer with experience in criminal cases, a willingness to fight, and a good reputation with prosecutors and judges in Atlanta.

Federal & Hasson