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County Police officer/school security guard assaulted my nephew while handcuffed

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phyllis123

Junior Member
What is the name of your state? Maryland

My nephew was being disciplined for cutting a class. Actually it was just his lunch period. But instead of going to lunch he hung out with a bunch of kids and was running through the halls banging on classroom doors being very disruptive. Although he claims he did not touch any doors, he is guilty by association and deserved to be punished accordingly. So as the school officials caught them and attempted to get their information, they all scattered and ran. And at least for the moment he'd gotten away. So he and his friends hid out until the heat was off so to speak and then went on to their next class and the day proceeded normally from that point on. At the end of the day when my nephew was waiting for his school bus to go home, one of the schools officials that was involved in the earlier incident recognized him and proceeded to carry out the disciplinary action that my nephew and his friends ran from. At this point he knew he was caught. But he would not make it easy for them. He refused to tell the school official his name. After several minutes of him refusing to tell them his name, the school security guard who is also a county police officer was summoned. At this point the school officials left the scene and left my nephew alone with the officer. My nephew still refused to cooperate with the officer. So the officer handcuffed him. At this point he was under arrest but his miranda right were not read. And it was not explained to him what the charge was. The thing it could have been was for him refusing to give his name. But is that something that warrants arrest? But it gets worse. As the officers is walking him into the school (keep in mind he's handcuffed), he's smacking him in the back of head and calling him derogatory names. So now my nephew is frighten and begins to cooperate and says his name. The officer proceeds to take him inside the school and tells him he going to take him to the police station to get locked up. He then takes him back to his car and slams him on the hood and then puts him inside the car in the front seat (he's still handcuffed). This is when he finally read him his miranda rights. At some point after he leaves the school, he chokes my nephew and continues to verbally assault him. At some point during this ride/assault he asked my nephew about his parents. My nephew told him who his father was and that he was also in law enforcement. He's a sheriff in a nearby city. It turns out the officer knows his father and at that point his demeanor changed. He stop hitting him and starting talking calm. He started telling my nephew how he's known his father for 20 years and that his father was a really good guy and that he was the one who got his father interested in becoming a police officer. My nephew's father has barely been a part of his life or done anything to help raise or take care of him. (Or maybe the officer would have known who my nephew was before any of this took place.) Anyway, his dad has married and has other kids that he does take care of. So hearing the officer speak so highly of his dad only added insult to injury. The officer decided not to lock my nephew up and turned the car around and took him back to school. Someone called his mom to come pick him up from the school. When she arrived she asked my nephew what happened but he was too frightened to speak in front of the officer. And he and his mom do not have the best relationship right now so he didn't want to talk to her at all. But he did tell me. And he had bruising and scratches around his neck and on his face. I immediately took pictures of the injuries. I asked him if anyone witnessed any of it. He said no because most of it took place while he was in the car. But one of his teacher did see when he and the officer was walking into the school. The teacher asked the officer what was going on. The officer told him he was trying to find out my nephew's name. (But at this time my nephew had already told him his name). So the teacher told him my nephew's name. But that's all the teacher saw. Ultimately he did get 3 days suspension for the cutting class and then running from school officials which he rightly deserved. But he did not deserved to be ruffed up by this cop. Someone please tell me if some type of assault lawsuit could/should be pursued. Could I do it even though I'm his aunt. And if so, who should it be directed at, the school district, the police department or both? :mad:

Thanks,
 
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BelizeBreeze

Senior Member
The only thing you may have a case for is battery. However, with your explanation of what your nephew did earlier in the day, (escaping punishment) it's very likely he was either giving the officer a bunch of grief or simply trying to get away.

Ya, I know. He's only a kid. But if you pursue this then your nephew had better have more proof that something happened than a witness who didn't see a thing.

As for being under arrest, miranda and all the rest of it, your nephew has nothing.

I suggest you drop this because first, it's none of your business legally, and second, this brat needs a life lesson. And he got away easy compared to what could have happened.
 

Lynx 36

Member
I agree. It was a good lesson f/ the brat. Maybe he'll learn something from this. Being the aunt you have no legal recourse anyway.
 

phyllis123

Junior Member
Why do a lot of the replies have to include some kind of insult? My nephew is not a brat. He is dealing with depression and some other emotional family problems, some of which I mentioned in the originally post regarding his absent father and the relationship with his mother. But you do not know the whole story of his problems so please don't name call. And you nor I saw anything so please don't tell me what "most likely" happened. Of course I realize that there are 2 sides to every story. But right now you and I only have one to base a response on. And from the injuries I observed for myself, I am inclined to believe most of what my nephew has said. I acknowledged that my nephew was not an angel in this matter, but does that justify the officer's actions? The officer is supposed to be a trained professional and able to handle these types of situations. And my nephew was not trying to get a way and you suggested "most likely" happened. If that was the case, instead of accepting the fact he was caught, he would have ran from the school officials again before the officer was even involved. And for the sake of argument let's just say he did try to get away. Is choking a proper form of restraint on a 15 yr old kid? And I'm talking about the 2 hands around the neck technique, not the arm around the neck that most officers would use. My nephew had the scratches and hand prints on his neck to prove that this was how it was done. So considering the technique that was used, it is very unlikely the officer would have been doing that out in the open where my nephew could have been trying to get away. The choking occurred inside the car while he was handcuffed. There was no way he could have been trying to get away under those circumstances! And the only grief he was giving the officer was refusing give his name. But his name could have easily been obtained if the officer had followed proper procedure when he arrested my nephew - reading his miranda rights and searching him etc. All the students carry ID badges which the officer would have found on my nephew had he searched him before handcuffing. But he did through obsessive force get his name and even another teacher told him my nephew's name. But again for the sake of argument, let's say he was giving the officer grief. Does that justify battery? As I stated before, the officer is supposed to be a professional trained to deal with these types of situations.

And if you think an officer battering a child with emotional problems under ANY circumstances is a "life lesson" for that child, you are not fit to be advising anybody about anything.

And I already realized the issue with the lack of witnesses which is why I mentioned I had photos. But you neglected to mention anything about how helpful or useful the photos would be. But I believe the photos of the injuries are very compelling. And maybe if you were able to see them you might have responded differently. But now I realize the advice on this website is only half useful (the other half is only meant to insult and degrade) so my sister and I will go consult with a REAL lawyer.
 
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Some Random Guy

Senior Member
"My nephew is not a brat. He is dealing with depression and ... blah blah blah"

I'm getting really sick of this entitlement society where nobody is responsible for their actions. They all want "what they deserve" despite the fact Like guy who just won $500,000 from his lawsuit for falling off a building he was burglarizing.

If it wasn't for daddy, the kid would be in much more trouble - all of which he deserves.
 

phyllis123

Junior Member
You alll are free to have your opinion that my nephew is a brat. But if you can't offer serious legal advice based solely on the info provided without including your negative personal opinions of people then you really shouldn't be on this website.

And just to let you know I have consulted with a REAL lawyer. I showed him a print out of this thread and he was familiar with this website. He said every REAL lawyer who knows of this website thinks it's a joke. He laughed and said I shouldn't waste my time and energy on it because most of the people who respond are wannabe lawyers that couldn't cut it and pass the bar and are now miserable, bitter, lonely people and are probably broke and substance dependant. But I thought I'd check back here one more time to see if maybe there was at least one qualified, intelligent, decent, and respectful person who might respond seriously. But I keep finding negative remarks so obviously the lawyer was right. I won't waste my time anymore.
 
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ENASNI

Senior Member
oh

Did he ask you if you knew what a paragraph was?
This Phantom laughing lawyer... that you saw...
How much money is he gonna get you...
Don't forget to post that back... :rolleyes:
 

BelizeBreeze

Senior Member
phyllis123 said:
You alll are free to have your opinion that my nephew is a brat. But if you can't offer serious legal advice based solely on the info provided without including your negative personal opinions of people then you really shouldn't be on this website.

And just to let you know I have consulted with a REAL lawyer. I showed him a print out of this thread and he was familiar with this website. He said every REAL lawyer who knows of this website thinks it's a joke. He laughed and said I shouldn't waste my time and energy on it because most of the people who respond are wannabe lawyers that couldn't cut it and pass the bar and are now miserable, bitter, lonely people and are probably broke and substance dependant. But I thought I'd check back here one more time to see if maybe there was at least one qualified, intelligent, decent, and respectful person who might respond seriously. I won't waste my time anymore.
And, of course, this REAL attorney told you that you should sue the police for millions because the photos you had were enough proof of abuse.

If he/she did, then you are hiring an idiot.
So, You get what you pay for.
 
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Lynx 36

Member
Quote: "And if you think an officer battering a child with emotional problems under ANY circumstances is a "life lesson" for that child, you are not fit to be advising anybody about anything."

Every kid has emotional problems these days. Join the crowd. That's what personally scares the crap out of me. This emotionally traumatized generation w/ their so-called ADD, ADS, emotional trauma, soft bodies, fat, and weak minded, brainless, can't teach proper history generation, entitlement loving, blah, blah, blah has to take care of me in my old age. Where were all these types when I was growing up? This so-called ADD was cured by something better than doping kids up w/ downers. It was called foot in ass by Dad. Worked everytime.

And don't be so sensitive when your nephew is called a brat b/c that's what he was acting like. Myself and everyone else on here acted like a brat when we were kids. It's part of growing up.
 
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phyllis123

Junior Member
I know I said I would not waste my time here anymore, but since I'm no longer seeking advice, but being amused and entertained it's not a waste after all. And I was just too curious to see how many more of you joined the party to further prove my - I believe someone referred to her as a "Phantom" lawyer right. I'll show her the updates, I'm sure she could use another laugh, might even get my sister a discount! :)

I'll check back again later so please make sure I have some more good stuff to show her! :)
 
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BelizeBreeze

Senior Member
phyllis123 said:
I know I said I would not waste my time here anymore, but since I'm no longer seeking advice, but being amused and entertained it's not a waste after all. And I was just too curious to see how many more of you joined the party to further prove my - I believe someone referred to her as a "Phantom" lawyer right. I'll show her the updates, I'm sure she could use another laugh, might even get my sister a discount! :)

I'll check back again later so please make sure I have some more good stuff to show her! :)
Good, then you can ask this idiot attorney just what photos of this child prove other than the child has brusies.

Just like my Grandmother always said, stupid seeks out stupid for company.
 
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ENASNI

Senior Member
umm... correction

phyllis123 said:
You alll are free to have your opinion that my nephew is a brat, just like I think all of you are *******s. But if you can't offer serious legal advice based solely on the info provided without including your negative personal opinions of people then you really shouldn't be on this website.

And just to let you know I have consulted with a REAL lawyer. I showed him a print out of this thread and he was familiar with this website. He said every REAL lawyer who knows of this website thinks it's a joke. He laughed and said I shouldn't waste my time and energy on it because most of the people who respond are wannabe lawyers that couldn't cut it and pass the bar and are now miserable, bitter, lonely people and are probably broke and substance dependant. But I thought I'd check back here one more time to see if maybe there was at least one qualified, intelligent, decent, and respectful person who might respond seriously. But I keep finding negative remarks from *******s so obviously the lawyer was right. I won't waste my time anymore.



Then you posted:

"I believe someone referred to her as a "Phantom" lawyer right. I'll show her the updates, I'm sure she could use another laugh, might even get my sister a discount!"


So I might be wrong... not a Phantom lawyer... an instant sex-chango lawyer.

Don't look down... your lies are showing. :eek:
 

phyllis123

Junior Member
I was waiting for someone to point out the gender change. I guess all that money and time in law school wasn't a total waste for you. But to explain that little discrepancy, we saw 2 lawyers, the first one was a male and he actually made the comment. But we decided to go with the second because she is a mother therefore obviously female and was much more compassionate to the WHOLE story. But she also laughed and agreed with the comments of the first lawyer about the responders on this site.

Just wait til she sees this! LOL

Woo Hoo! Keep em' coming! We're having fun now!

Will check back in a few...
 
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BelizeBreeze

Senior Member
phyllis123 said:
I was waiting for someone to point out the gender change. I guess all that money and time in law school wasn't a total waste for you. But to explain that little discrepancy, we saw 2 lawyers, the first one was a male and he actually made the comment. But we decided to go with the second because she is a mother therefore obviously female and was much more compassionate to the WHOLE story. But she also laughed and agreed with the comments of the first lawyer about the responders on this site.

Just wait til she sees this! LOL

Woo Hoo! Keep em' coming! We're having fun now!

Will check back in a few...
This post won't be here much longer. You have proven that you are here only to hear what you want to hear, not what is legally valid. Therefore, please feel free to spend your money on a nothing suit.

And if you have guts, answer the question. What does the photos of your child prove other than the child has bruises?
 

phyllis123

Junior Member
Wait a minute. Let's get it straight. My sole purpose for coming to this site was to get some "legally valid" advice. But all I got was very little advice and a whole lot of insults telling me my nephew was a brat and he got what he deserved. And since you want to talk about "legally valid" what is so "legally valid" about being insulting and calling my nephew a brat?!! Especially when I had already acknowledged that there was some wrong doing on his part but it did not rise to the level of having to assault him. You have some guts and answer that!
 
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