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Safety Law News for January 25, 2018

In California, the Court of Appeals held that for purposes of Fourth Amendment analysis, “school officials,” include police officers who are assigned to high schools as resource officers as well as the backup officers who are called to assist them.

In Missouri, the United States District Court ruled that the following factors would determine whether handcuffing a student was a violation of the Fourth Amendment: whether the student was out of control when the officer arrived, whether student attempted to flee, whether student continued to scream in the hallway with officer, whether student posed a safety threat in the hallway, and how long he was in handcuffs.

In New Mexico, the U.S. Court of Appeals for the Tenth Circuit ruled that a school resource officer violated the rights of a thirteen-year-old seventh-grader by handcuffing and arresting him for skipping class.

In Kentucky, the U.S. Court of Appeals for the Sixth Circuit ruled that an award of $589,000 in compensatory damages and a punitive damages award of $500,000 was not excessive when a police officer wrongfully arrested a school counselor. The court found that the officer's conduct evinced clear indifference to or reckless disregard for counselor's health and safety.


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