S.R. v. Kenton County Sheriff's Office
What's at Stake
A deputy sheriff shackled two elementary school children who have disabilities, causing them pain and trauma, according to a federal lawsuit filed today by the American Civil Liberties Union, the Children’s Law Center, and Dinsmore & Shohl.
The children, an 8-year-old boy and a 9-year-old girl, were so small that the school resource officer, Kenton County Deputy Sheriff Kevin Sumner in Covington, Kentucky, locked the handcuffs around the children’s biceps and forced their hands behind their backs, the lawsuit charges. A disturbing video shows the boy, S.R., being shackled and crying out in pain. S.R. has attention deficit hyperactivity disorder (ADHD) and a history of trauma.
The girl, L.G, was twice handcuffed behind her back by her biceps, also causing her pain. L.G. has ADHD and other special needs. Both children were being punished for behavior related to their disabilities. Neither was arrested nor charged with any criminal conduct. The lawsuit was filed on their behalf.
Nationally, students with disabilities make up 12 percent of students in public schools, but are 75 percent of the students who are physically restrained by adults in their schools, according to the U.S. Department of Education. These disciplinary practices also feed into the “school-to-prison pipeline,” where children are funneled out of public schools and into the criminal justice system. Many of these children have disabilities, yet instead of receiving necessary educational and counseling services, they are often punished and pushed out.
Students of color and students with disabilities are especially vulnerable to push-out trends and the discriminatory application of discipline. One child in this case is Latino, and the other is African-American.
In addition to Sumner, the lawsuit names Kenton County Sheriff Chuck Korzenborn, alleging his failure to adequately train and supervise Sumner, a school resource officer for several public elementary schools in Covington. The complaint further claims that the Kenton County Sheriff’s Office violated the Americans with Disabilities Act based on its treatment of the children.
In both cases, Sumner was the school resource officer who handcuffed the children. The lawsuit seeks an order requiring a change in policies by the Kenton County Sheriff’s Office, and additional training for school resource officers in dealing with young children and children with special needs. It also seeks an unspecified amount of monetary damages against Sumner.
The groups say that law enforcement in schools must be trained on how to work with children with disabilities and trauma. Learning de-escalation skills should be as common as fire drills for schools and any law enforcement officers who serve them.
The complaint was filed in the U.S. District Court for the Eastern District of Kentucky.
Update: In January 2017, Covington Independent Schools entered into an agreement with the Department of Justice and began implementing new policies to ensure that disciplinary practices do not discriminate against children with disabilities.
On October 13, 2017, a federal judge in Kentucky ruled in favor of the plaintiffs in this case, finding that the August 2015 cuffing of two elementary students with disabilities by a school resource officer at Covington Independent Public Schools was unconstitutional and that Kenton County is liable for the deputy sheriff’s conduct.