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Originally Posted by shakran
False arrest.
The false arrest/imprisonment tort says false arrest is "An Unlawful Restraint Of A Person's Liberty Or Freedom Of Movement."
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Do you really think it was unlawful?? If someone is damaging public property they shouldn't be restrained?? I don't see this holding up.
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Originally Posted by shakran
The kid wasn't doing anything to necessitate handcuffs. The handcuffs restrained her freedom of movement.
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They restrained her from damaging more property and leaving bruises on the teachers - trust me I've been given bruises by a 5 yr old so I know it can happen.
And before you say - well she was sitting down when they started to cuff her. That's ONLY because she knew she was doing wrong - SHE KNEW - so she had no excuse for what she'd done and she knew she deserved to be restrained. Why else would she have suddenly plopped into the chair the moment the cops came in?
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Originally Posted by shakran
She can then heap emotional suffering on top of that (I dunno about you but if I were 5, I'd have the everlovin' CRAP scared out of me if three big uniformed cops came in and slapped cuffs on me)
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If she wants to go the "emotional suffering" route - how about the teachers sueing for work related stress caused by that child. Don't tell me their blood pressure wasn't up. When dealing with an out of control child - you get scared for them and scared that someone is gonna blame you for that kids behavior - I know. Emotional scarring - that kid is already emotionally a wreck if she thinks that behavior will get her what she wants. Being restrained = emotional damage. I want to laugh. That child was warned. If she hadn't been restrained it would have taught her that her actions were justified. That's emotional scarring in my book cause that girl is gonna think that anger and tantrums work. She has a chance LONG before the cops came in to change her behavior. The fact that she changed it the moment the cops came in does not matter because THAT'S too late. You can't hold back from handing out consequences when the child stops her actions because she's seen the consequences coming. That's poor discipline to do that.
I so hope that this gets thrown out.
Oh and BTW - I read another article - Apparently the mother is trying to pull the racist card. I saw no racism in that situation. NO one mentioned color. They only responded to behavior. Pulling the racist card in this situation should be taken as an insult to all races because it's giving that arguement a bad name. It's this kind of behavior that contributes to making people angry at other races - The minority person cries victim and claims the action was an attack of their race. Next time someone IS racially persecuted legitimately people don't believe it because someone else already cried wolf. She is hurting other blacks by trying to pull this crap. That really burns me.