What is the name of your state (only U.S. law)? Delaware
I went through my school's (William Penn High School) lunch line like I have been doing for 4 years I asked the cafeteria worker for a pizza just like any other day. When I went to go enter my lunch pin it said I owed $2.50, I said "I'm very hungry and I don't have money, can this one slide?” The woman at the register didn't know what to say so she asked the cafeteria manager. She offered to put up some change for my lunch and I kindly accepted and she said "But you owe me lunch tomorrow" I laughed and agreed. But then I said "It shouldn't be your job to pay for my lunch, It should be the schools obligation." And she said "Well lets see what the administrators have to say" so I followed her over to the administrators and the officer (Corporal Collins) brought himself into the dispute. All I said to the administrator was that I think it's the schools obligation to feed every student that attends a full day, regardless of if they can afford lunch or not, and they insisted that it wasn't. I didn't want the dispute to continue so I said "**** it" To myself and lightly underhand tossed the pizza on the serving line platform that I was standing directly next to. I did not aggressively throw the tray, there was juice on the tray that didn't even spill and the pizza didn't shift upon landing.(It happened in a cafeteria so there are plenty of people to back up my story.). As soon as this happened the officer grabbed me by my throat and slammed me up against the serving line with all of his strength, leaving bruises on my back and a purple mark on my neck, and he held me like this for about 30 seconds before I grabbed his wrist. I did NOT try to push him away or stop him from subduing me, I was not resisting arrest, I simply didn't want my windpipe crushed because the choke was very painful. He held me in this position with his right hand on my neck and his left hand on my shirt balled up like a bully would do to a kid for the sole purpose of taunting me. The hundreds of people in the cafeteria saw him keep me in this position and heard him taunt me for a full minute and a half. After about a minute and a half, he ripped my shirt by the neckline all the way down to my torso, and both sides of the sleeves were ripped. This is when he finally told me to turn around and put my hands behind my back. When we got to his office, I was still in cuffs and under arrest and he began calling me a punk delinquent kid, and at some point he called me an *******. He also asked me a series of questions without first reading me my Miranda rights. The law states: "The police must advise suspects of their "Miranda Rights" - their right to remain silent, and the right to an appointed attorney if they are unable to afford counsel - prior to conducting a custodial interrogation." He had conducted a custodial interrogation by asking me a series of questions while still in cuffs, such as "Could you breath when I choked you?" And I answered "Yeah only after I grabbed your arm" After the interrogation he decided to let me off with a warning. As soon as I got home, my parents and I took pictures of the bruises, the mark on my neck, and a picture of me wearing the totaled shirt.
The next Monday,(After my 5 day suspension) my parents came in to talk to the officer about what happened. As soon as I sat down in his office and calmly told him these facts that I have stated above, and I was trying to quote the legal definitions of the laws he broke and he got out of his seat, put his face to mine, and screamed at me that "This is my house and what I says goes. Get the hell out of my office!" This causes my mother to cry and my father just looked in disbelief. His coarse language was completely uncalled for and unprofessional. While I was sitting outside of his office he asked my dad for the ripped shirt several times because he wanted to discard it. My dad said no every time he asked because he knows it's evidence. When he called me back into his office he was more calm but he told me to stop being "an *******" Then told us all to leave his office. I have physical proof that he used more than the minimal amount of force necessary and a whole cafeteria full of witnesses to back up that claim. After this whole situation it triggered a manic depressive state, and severe night terrors which made me think about suicide. (I have attempted suicide in the past via cutting an artery in my forearm, and attempting to OD on pills.)
On 10/11/11, My parents and I went to a meeting with the school principal Mr. White with regards to the note from my licensed psychiatrist, Manisha Wadhwa MD. The Corporal did not accept the note because it made him ‘uncomfortable’ that it stated that the incident with him caused my emotional distress. In this same meeting, the Corporal told my Father that if we complain to anyone about what he did, he will have me arrested for two years. I know my law very well, and I know that is way outside of the law.
My homeschool teacher informed me that the same officer got removed from Penn Cader for harassing a student there aswell, and a Marine friend of mine was telling me how a lunch lady wanted to let him slide on the $2 he owed but the officer was in the line and wouldn’t allow it, so he too grabbed the Marine by his neck and was removed from the school within two days.
I went through my school's (William Penn High School) lunch line like I have been doing for 4 years I asked the cafeteria worker for a pizza just like any other day. When I went to go enter my lunch pin it said I owed $2.50, I said "I'm very hungry and I don't have money, can this one slide?” The woman at the register didn't know what to say so she asked the cafeteria manager. She offered to put up some change for my lunch and I kindly accepted and she said "But you owe me lunch tomorrow" I laughed and agreed. But then I said "It shouldn't be your job to pay for my lunch, It should be the schools obligation." And she said "Well lets see what the administrators have to say" so I followed her over to the administrators and the officer (Corporal Collins) brought himself into the dispute. All I said to the administrator was that I think it's the schools obligation to feed every student that attends a full day, regardless of if they can afford lunch or not, and they insisted that it wasn't. I didn't want the dispute to continue so I said "**** it" To myself and lightly underhand tossed the pizza on the serving line platform that I was standing directly next to. I did not aggressively throw the tray, there was juice on the tray that didn't even spill and the pizza didn't shift upon landing.(It happened in a cafeteria so there are plenty of people to back up my story.). As soon as this happened the officer grabbed me by my throat and slammed me up against the serving line with all of his strength, leaving bruises on my back and a purple mark on my neck, and he held me like this for about 30 seconds before I grabbed his wrist. I did NOT try to push him away or stop him from subduing me, I was not resisting arrest, I simply didn't want my windpipe crushed because the choke was very painful. He held me in this position with his right hand on my neck and his left hand on my shirt balled up like a bully would do to a kid for the sole purpose of taunting me. The hundreds of people in the cafeteria saw him keep me in this position and heard him taunt me for a full minute and a half. After about a minute and a half, he ripped my shirt by the neckline all the way down to my torso, and both sides of the sleeves were ripped. This is when he finally told me to turn around and put my hands behind my back. When we got to his office, I was still in cuffs and under arrest and he began calling me a punk delinquent kid, and at some point he called me an *******. He also asked me a series of questions without first reading me my Miranda rights. The law states: "The police must advise suspects of their "Miranda Rights" - their right to remain silent, and the right to an appointed attorney if they are unable to afford counsel - prior to conducting a custodial interrogation." He had conducted a custodial interrogation by asking me a series of questions while still in cuffs, such as "Could you breath when I choked you?" And I answered "Yeah only after I grabbed your arm" After the interrogation he decided to let me off with a warning. As soon as I got home, my parents and I took pictures of the bruises, the mark on my neck, and a picture of me wearing the totaled shirt.
The next Monday,(After my 5 day suspension) my parents came in to talk to the officer about what happened. As soon as I sat down in his office and calmly told him these facts that I have stated above, and I was trying to quote the legal definitions of the laws he broke and he got out of his seat, put his face to mine, and screamed at me that "This is my house and what I says goes. Get the hell out of my office!" This causes my mother to cry and my father just looked in disbelief. His coarse language was completely uncalled for and unprofessional. While I was sitting outside of his office he asked my dad for the ripped shirt several times because he wanted to discard it. My dad said no every time he asked because he knows it's evidence. When he called me back into his office he was more calm but he told me to stop being "an *******" Then told us all to leave his office. I have physical proof that he used more than the minimal amount of force necessary and a whole cafeteria full of witnesses to back up that claim. After this whole situation it triggered a manic depressive state, and severe night terrors which made me think about suicide. (I have attempted suicide in the past via cutting an artery in my forearm, and attempting to OD on pills.)
On 10/11/11, My parents and I went to a meeting with the school principal Mr. White with regards to the note from my licensed psychiatrist, Manisha Wadhwa MD. The Corporal did not accept the note because it made him ‘uncomfortable’ that it stated that the incident with him caused my emotional distress. In this same meeting, the Corporal told my Father that if we complain to anyone about what he did, he will have me arrested for two years. I know my law very well, and I know that is way outside of the law.
My homeschool teacher informed me that the same officer got removed from Penn Cader for harassing a student there aswell, and a Marine friend of mine was telling me how a lunch lady wanted to let him slide on the $2 he owed but the officer was in the line and wouldn’t allow it, so he too grabbed the Marine by his neck and was removed from the school within two days.
