Reprimanded, but cleared by court

[SIW Editor]

Here's an interesting story about a court battle over a guard's actions at a school with a suspended student. Worthwhile read if you've got a few minutes:

http://www.mlive.com/news/sanews/ind...l=9&thispage=1

[N. A. Corbier]

Sounds like a classic case of a guard asserting arrest authority and the client determining that he has none, no matter the legal doctrines involved.

"unreasonable force" in this case seems to be "placing a suspect under arrest or detention," and "overcoming active resistance to place a suspect under arrest or detention."

School Board needs issue a blanket statement that their security force shall not lay hands upon any person nor shall they enforce Michigan law or District rules relating to trespassing. Even better would be a statement noting that the guard force is for the protection of district property through observation and reporting to school management.

In other words: They want observation, not protection.

[Bill Warnock]

This a classic example of "show we have security." In this part of the world, such students have been caught carrying knives and handguns to school. I'd bet my retirement check we have this in various parts of the country and on a daily basis.
This school district administration suffer from "terminal stupidity." Serious problem that, it has been known to spread and easily caught. Once infected, only radial cures work; sadly only after serious injury or an innocent life lost.
Geoff, thanks for sharing that with the forum.
Enjoy the day,
Bill

[T202]

By reprimanding the security officer for violating school policy, the school is hoping to distance themselves from the security officer. They don't want to be the main defendant in the civil suit that will be coming.
It would be nice to see the video. How bad was it that the Prosecutor authorized assault and battery charges?

[aka Bull]

There well may be two civils suits coming from this incident. One from the kid's parents and the other from the officer himself should the district punish him for actions that are not clearly laid out in their policies and procedures.

I found the Superintendent's comment about officers being authorized to use handcuffs interesting since the officer stated they were instructed not to carry them.

Schools with this kind of attitude is why so many school dsitricts have ended up having police officers assigned to the schools. They get out of control and the administration doesn't know how to get control of their school back.

[N. A. Corbier]

Police Officers are assigned to schools because the law provides unlimited criminal and civil liability for reasonable force effected by a law enforcement officer in commission of their duties.

The school is not a defendant in any 1983 lawsuit, only the law enforcement agency.

[Mr. Security]

Typical. Next time, the guard should apply the SOP for a situation like that and MYOB.

If that's the kind of security the school wants, then by all means, give it to them by refusing to do anything but call the cops. Meanwhile, the guard can sit back, take notes, and watch the school administrators being assaulted by an out-of-control student until the police arrive.

[N. A. Corbier]

Typical. Next time, the guard should apply the SOP for a situation like that and MYOB.

If that's the kind of security the school wants, then by all means, give it to them by refusing to do anything but call the cops. Meanwhile, the guard can sit back, take notes, and watch the school administrators being assaulted by an out-of-control student until the police arrive.

But what were they told before this happened?

[Mr. Security]

But what were they told before this happened?

Likely, to handle it the way the guard did. Having that in writing is a whole different matter. When post orders are deliberately vague about such matters, the guard should stay out of it and call the police. The alternative is to face criminal and/or civil action. Don't let them use you as a scapegoat.

[T202]

There well may be two civils suits coming from this incident. One from the kid's parents and the other from the officer himself should the district punish him for actions that are not clearly laid out in their policies and procedures.

I found the Superintendent's comment about officers being authorized to use handcuffs interesting since the officer stated they were instructed not to carry them.

Schools with this kind of attitude is why so many school dsitricts have ended up having police officers assigned to the schools. They get out of control and the administration doesn't know how to get control of their school back.

The main reason schools are having police officers assigned is because security officers only have the arrest authority of a private person unless the school has a "security police officer". And the only school district that has security police officers is the Lansing School District. In Michigan a private person can only arrest for a felony. The exception would be loss prevention officers regarding retail fraud.