Jul 9, 2024, 12:00 AM
Jul 9, 2024, 12:00 AM

Court Declares Handcuffing of Compliant 10-Year-Old by Honolulu Police Unjustified

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Highlights
  • The U.S. Court of Appeals for the 9th Circuit ruled that Honolulu police officers acted unjustly by handcuffing a compliant 10-year-old girl.
  • The court emphasized that officers should have recognized that the handcuffing was unnecessary in this situation.
  • This ruling underscores the ongoing conversation about appropriate police conduct, especially when dealing with minors.
Story

A federal appeals court has ruled that three Honolulu police officers are not entitled to qualified immunity in a lawsuit involving a 10-year-old girl who was handcuffed and arrested at school for allegedly drawing a violent picture. The U.S. Court of Appeals for the 9th Circuit determined that the officers' actions did not meet the criteria for immunity, which protects government officials from civil suits unless the rights in question were clearly established by prior case law. The incident arose after a parent requested that the school report the girl to the police. According to the girl's mother, the police detained her daughter in a room without allowing her to leave, and subsequently handcuffed her when they felt she was not taking them seriously. The officers transported the girl to the police station without permitting her to see or speak to her mother. The Honolulu Police Department defended its actions, stating that they were responding to a credible threat of school violence, citing the nature of the drawing, which depicted a figure with a gun above a severed head. In addition to seeking $500,000 in damages, the lawsuit calls for reforms within the Honolulu Police Department and the Hawaii Department of Education. These reforms include ensuring a parent or guardian is present during interrogations of minors and limiting police involvement to situations where there is an imminent threat of significant harm. While the court dismissed the false arrest claim due to a lack of precedent, it upheld the excessive force claims against the officers. This case highlights a growing concern over the treatment of children in school settings, prompting lawmakers nationwide to consider raising the minimum age for arrests, as some states currently have no minimum age for juvenile delinquency.

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