Handcuffing nine year-olds is okay according to Tuscaloosa officials
County officials defend handcuffing
18 months ago Deputy Antonio Bostic handcuffed a 9-year-old fourth-grader at Holt Elementary School (in the Tuscaloosa County School System). This action followed a non-violent verbal argument between the student and her gym teacher and was apparently done to “teach the girl a lesson”. Toniko L. Alexander, the girls mother, sued and the County is busy defending the officer’s actions.
Another teacher overheard the argument from across the gymnasium and ordered the student to come speak with her, according to the complaint.
While the girl was walking to the teacher, Bostic intervened and ordered her to come speak with him, insisting that he handle the situation when the other teacher said she could take care of it.
According to the complaint, Bostic stood the girl in a doorway, placed handcuffs on her and told her: “This is what happens to people when they break the law,” and “This is how it feels to be in jail.”
The girl remained handcuffed for 10 minutes while her classmates looked on. Since this happened she has a fear of law enforcement officials in general and Bostic in particular. The complaint also claims that she suffered “internal bleeding, bruising, severe personal embarrassment, public humiliation and continuing mental anguish, including nightmares and crying spells”.
The court case is based on the violation of her Fourth Amendment rights against unreasonable search and seizure. As the teachers had already handled the situation I can’t conceive of a plausible reason to handcuff and display a child for a non-violent rules infraction. Neither could the 11 Circuit Court.
The 11th Circuit’s ruling said that when Bostic handcuffed the child, the situation had already been defused, and there was no “basis, reason or need” to handcuff her.
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“Handcuffing a 9-year-old student for the purpose of showing her how it feels to be in jail (as opposed to having a basis for or need to do so) is so egregious that the unconstitutionality of it would be readily apparent to Deputy Bostic,” the ruling stated.
The County vehemently disagrees.
“In the final analysis, the case will probably be dismissed before it goes to trial,” Spence [the county attorney representing the sheriff and Bostic] said. “She committed a crime in the presence of a deputy.
“It’s disappointing that the lesson this young girl will take away from this is that you can deflect blame for your actions onto someone else.”
I didn’t realize that arguing with a teacher was a crime in Alabama.
(Tip credit to Bumper)
“She committed a crime in the presence of a deputy.”
The response to this is simple. “Then charge her.” Call their bluff.
What law was she breaking? What crime?
And who handcuffs a 9 year old child? If you cannot teach her a lesson or restrain her without handcuffs, you should not wear a badge.
Congratulations officer dunce, you just made a child unreasonably afraid of law enforcement and possibly added another future deliquent to their ranks.
I disagree, Daniel.
It is not unreasonable to be afraid of law enforcement. He taught her a valuable lesson: Never trust a government agent with your well-being.
Actually, if this is the story I believe it is, I support the cops on this one.
The mother outright refused to do anything, the kid was terrorizing everyone and destroying property.
Discipline should be left to the parents, but when the parents won’t do anything, sometimes for the good of other people, the police must. the kid wasn’t harmed, if anything, it was good for her. she learned actions have consequences, something her mother was apparently to stupid to teach her.
Truth? Are you reading a different story than I am?
The girl got into a VERBAL argument with a teacher. I didn’t realize that egos were now property, ’cause that’s about the only thing I see being destroyed.
The court refered to the officer’s behavior as ‘reprehensible’, and the teacher did not want the officer to get involved.
“The purpose of this immunity is to permit government officials to carry out their discretionary duties without the fear of personal liability or harassing litigation,” Clemon wrote.
What a scary thought. Schoolwide discipline has introduced a legal authority that is allowed to physically intervene without the permission of any authority at all. An authority that is untrained in child development and does not recognize school professionals who are. The administrator’s comments in this school confirm that.
Merrill said. “When you see an officer, especially one carrying a firearm, people tend to be discouraged from misbehaving at that point.
We need to wave “guns” to keep a 9 year old from saying, “I did too do my jumping jacks.”
It may be a different nine-year old, but when I read the article in the paper, she was breaking things and threatening other students.
Nevermind, I was indeed thinking of a different story -
http://www.local6.com/news/4407028/detail.html
Bostic deserves to be sent to prison for this. There is absolutely no excuse whatsoever for his conduct here. It is an egregious violation of the public trust and the authority that the law has granted him, and punishing him as a criminal is the only way to deal with him.
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As a sub in the school system for many years, I have observed that having police on campus serves as a reason for locker search and many other practices that were once not allowed on campus. There are some “tough” students who need a “tough talking to,” but I feel in this case Officer Bostic exceeded his authority when there was “no clear or present danger.” Having police on campus precludes administration personnel calling the local police who have other things to do. This just opens the door to situations like these.
What this article is not revealing to you is a one year prior to this, this student stabbed another student with a pencil. What this article also fail to mention is that the comment was a direct threat towards her teacher in my presence. So tell me what was I to do turn my back and do nothing or enforce the law as it stands. You tell me since you have the law enforcement background and you have been trained in these areas.