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?
Thanks,
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?
Thanks,
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