Covington, KY: Disabled kids restrained with cuffs above the elbows by school resource officers

Oct 13, 2017, Shackling Elementary School Kids Above Elbow Found to Violate the Fourth Amendment A school resources officer for Covington Independent Public Schools in Kentucky in 2015 shackled, in separate incidents, two learning disabled kids, an 8-year-old boy and a 9-year-old girl. The cuffs were attached not around their wrists, but above the elbows behind their backs. The American Civil Liberties (ACLU) considered his actions a violation of the kids' Fourth Amendment rights, and this week a federal court agreed in a decision on motions for summary judgment from both sides. Kenton County, where it occurred, is also liable for the officer's conduct. He was also a deputy sheriff. The lawsuit was filed in August 2015 by the ACLU, the Children's Law Center, and the private law firm of Dinsmore & Shohl. The suit prompted a Department of Justice investigation into the school district's disciplinary practices, including the use of police to deal with routine student misbehavior. In January 2017, Covington Independent Schools entered into an agreement with DOJ and began implementing new policies to ensure that disciplinary practices do not discriminate against children with disabilities. The actual decision, which left the question of damages for a later court proceeding. The officer's actions were not found to be a violation of the Americans with Disabilities Act. One of the defenses involved asserting that clear school policy barring the use of restraints that way should not apply to the officer since he was in that moment acting not as a school employee but as a police officer. Obviously, things can get complicated when the same employee wears both hats, which should make us wonder how necessary having cops in elementary school doing discipline is.