9th U.S. Circuit Court of Appeals Rules Against Honolulu Officers' Qualified Immunity Claim, Permits Lawsuit for Handcuffing 10-Year-Old
Three Honolulu police officers are set to face a lawsuit over claims of using excessive force when they handcuffed a 10-year-old girl at her elementary school in 2020 after she was accused of drawing an "offensive" picture. The recent decision by a panel of judges from the 9th U.S. Circuit Court of Appeals goes against the officers' appeal for qualified immunity, which is a legal doctrine shielding government officials from liability, as reported by Spectrum Local News.
The decision effectively means that officers Christine Nevez, Warren Ford, and Corey Perez will have to collectively prepare to defend their decision to not only arrest but also to handcuff the young student, identified in court documents as "N.B." The officers had maintained that their actions were necessary for transporting N.B. to the police station. However, as Law & Crime describes, the appeals court panel found no reasonable official could have believed that "placing her in adult handcuffs" was necessary.
The Honolulu police officers were involved in the incident that occurred at Honowai Elementary School, where the girl was arrested over a drawing that depicted what appeared to be a cartoon firearm, scribbles, words, and a figure lying on the ground. According to a complaint filed by the girl's mother, Tamara Taylor, the child has ADHD and used drawing as a coping mechanism after experiencing bullying. It is also stated that N.B., who is Black, was the only student disciplined in the incident.
The ACLU of Hawaii, representing Taylor, considers the June 26 decision to be significant due to the fact it successfully challenged the barrier of qualified immunity, which they argue is often overused to protect government entities from legal accountability. Honolulu Police Chief Joe Logan has disagreed with the court's determination, affirming the department's stance in a statement that the officers' actions were justified and confirming that all three remain on full duty. "No reasonable official could have believed that the level of force employed against" N.B. was necessary, the 9th Circuit judges wrote in their decision, as reported by Law $ Crime.
The lawsuit, which includes claims of racial discrimination and excessive force, seeks damages for N.B.’s injuries and trauma, while also calling for reforms to prevent similar police actions against minors in the future. Details regarding the officers’ defense or the Honolulu Police Department's potential response to the lawsuit remain undisclosed at this time. Jongwook Kim, legal director of the ACLU, mentioned that a settlement with the Department of Education is in process, but so far no agreement has been reached with the City and County of Honolulu.
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