Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.

An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the boy was a “runner.” A few minutes after the police arrived, the boy was handcuffed and driven to a relative’s place of business. A teacher asked whether handcuffs were really necessary, and the officer said it was their procedure. Following the incident, the boy experienced a host of psychological problems, including difficulty sleeping, low self-esteem, anger, irritability, and depression. The boy brought an action against the school, the city and the police department, claiming excessive force was used. A jury found police violated the child’s Fourth Amendment rights. In affirming the judgment in favor of the boy, the Ninth Circuit stated “no officer could have reasonably believed that their use of handcuffs to remove [the boy] from school grounds complied with the Fourth Amendment.”  (C.B. v. City of Sonora (Ninth Circuit; October 15, 2014) 769 F.3d 1005.)