- arresting students for minor violations of school rules that are not criminal activity.
- handcuffing students and locking them in seclusion rooms in school buildings, without parental or teacher consent, absent probable cause of criminal activity.
- removing schoolchildren who misbehave in school, without parental or teacher consent, and transporting them to hospitals for emergency psychiatric evaluations.
The lawsuit also challenges the NYPD School Safety Division's policy and practice of using excessive force against students. SSOs push, shove and grab students. In many cases, this misconduct is not pursuant to making a lawful arrest. It is to compel a student to comply with an SSO's orders or it occurs for no legitimate purpose whatsoever. These physical altercations often escalate and result in the child's physical injury and, in some cases, hospitalization. The complaint documents numerous incidents in which students engaged in non-criminal conduct were handcuffed, arrested and physically assaulted by police personnel at school. The plaintiffs seek system-wide reform. The case is currently in discovery.
E.D.N.Y., Index No. CV 10-0210 (direct)