Kenton County Sheriff’s Office to pay $337,000 for handcuffing children – By Melissa Reinert (cincinnti.com) / Nov 5 2018
Two elementary students handcuffed by deputies have received a sizable settlement against the Kenton County Sheriff’s Office.
According to the American Civil Liberties Union, the sheriff’s office has agreed to pay more than $337,000 for the “painful and unconstitutional” handcuffing of the students, both of whom have disabilities.
The sheriff’s office could not immediately be reached for comment regarding the settlement.
One of the incidents was recorded in a video that went viral.
The footage showed the back of the head of an 8-year-old boy seated in a chair at Latonia Elementary in Covington, his biceps bound in adult handcuffs applied by a school resource officer as the child kicked and whimpered.
The minute-long clip, taken in 2014, drew national media attention and sparked debate over the role of law enforcement officers in schools.
The sheriff’s office insisted insisted that the handcuffing was a proper use of force to subdue an unruly child who tried to punch the deputy in the arm. They refused to reconsider its policies.
The ACLU, along with the Children’s Law Center and the law firm Dinsmore & Shohl, filed suit. In October 2017, a federal district court ruled that the punishment was “an unconstitutional seizure and excessive force.”
According to the ACLU, after the handcuffing, both children had repeated nightmares, started bed-wetting and would not let their mothers out of their sight. Both families left the school district and moved to areas where their children could receive the treatment and accommodations they needed.
As a result of the case, also in 2017, Covington Independent Schools began implementing new policies to ensure that disciplinary practices do not discriminate against children.