Child falsely arrested at school. Need lawyer
My 14 year old son was hand-cuffed and taken from school property by a deputy/resourse officer. The school principal or assistant principal had no idea my child was removed from school property. Four days before being arrested by this deputy, my son had made a smart comment to a teacher. The assistant principal called my husband and said because of his behavior that day he would have to spend 3 days in ISS (in school suspension). All seemed fine until four days later when the deputy returned to work, read the report on my son and hauled him off several miles from school in hand-cuffs to the local juvenile center. No charges were filed on my son. The teacher my son smarted off to said she did not feel threatened in anyway. The Juvenile center released my son to my husband later that day. The principal appologized to me several times saying he had no idea this officer was taking my son. The assistant principa also appologized and said she thought this situation was taken care of at school the week before and also said on a written statement to me that she was livid that this officer would take my child into custody but he also signed her name as the compliantant which upset her. My child is a good boy. Typical teenager. I talked to a lawyer who tried to get the school to make an offer but they refused so the lawyer wanted too much for us to continue. I really don't understand that because we don't have up to $10,000 for fees, there might not be any justice in this case. This deputy is still working at the school which upsets a lot of parents even after his captain at the sheriff's dept. told me this officer had made a mistake and was poorly trained. I moved myself and three children out of state the week this happened and sold my home months later. I didn't want to chance this happening again. I have a case in which the courts ruled in the favor of the child because she was detained 4 hours after the offense. This was four days later. The officer in that case could not rely on the "immunity" most or all school resourse officers fall under. This one should not be allowed to either. Please, if anyone has any advise. I've waisted 11 months trying to find someone to take my case. Not sure how much more time I have to pursue this. Would appriciate any help. (also, my child is an ADD child with a learning disability and has an I.E.P. in place. He should fall under the I.D.E.A. and should have been protected by staff at the school) Thanks...
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