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First Graders Handcuffed At Chicago School, Told They Were Going To Prison: Lawsuit

First Posted: 08/31/11 04:11 PM ET Updated: 10/31/11 06:12 AM ET

Handcuffs

The family of a first grade Chicago Public Schools student who was reportedly handcuffed and told he was going to prison for talking during class filed a lawsuit against the school district this week, and an attorney for the family says he wasn't the only child disciplined in such a way.

The Chicago Tribune reports that LaShanda Smith filed the lawsuit in Cook County Circuit Court on behalf of her son, who she claims was one of several 6 and-7-year olds excessively punished by a security guard at Carver Primary School on the South Side.

The school allegedly authorized on-campus security to discipline disruptive first graders, Fox Chicago reports. The children who were considered disruptive were then allegedly handcuffed for an hour and sent to an office, where they were told "they were going to prison and would never see their parents again," attorney Michael Carin told the Tribune.

"There appears to be no reason for an officer to isolate 6- and 7-year-old children, place them in handcuffs and threaten them for hours during a school day, or any other day," Carin wrote to the paper in an email.

The lawsuit is seeking more than $100,000 in damages from CPS and the Board of Education.

"Unfortunately, we had to file a lawsuit because the Chicago Board of Education ignored my client on the day of the imprisonment and every day thereafter," Carin continued, according to the Tribune. "We hope the Chicago Board of Education acknowledges its responsibility and resolves the matter quickly."

Read more about the alleged incident here.

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The family of a first grade Chicago Public Schools student who was reportedly handcuffed and told he was going to prison for talking during class filed a lawsuit against the school district this week,...
The family of a first grade Chicago Public Schools student who was reportedly handcuffed and told he was going to prison for talking during class filed a lawsuit against the school district this week,...
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12:32 AM on 09/12/2011
America at it's finest!
06:31 AM on 09/04/2011
People! Why are you so upset? Americans have essentially abdicated their parental rights to the public schools. Our public schools are responsible for teaching morals and tolerance and many other of the things that used to be in the parents purview. American parents have folded in the face of the schools telling everyone how to behave, how to think and what to say to others.

Parents have just about lost all rights to raise their kids, and when you see so ething like this, you raise an objection? Man, you want your cake and you want to eat it too!

I will bet that Lashonda does not have a husband, but a baby daddy who's probably nowhere around. That's why her young thug is being disciplined the way he is. Regardless, it won't be long before the courts start agreeing with the schools that since baby momma is basically a baby factory for the RayJay's of the world, that the school is in a much better position to raise the future federal prison resident.

Good job America! Your wimpy patheticness is radically changing what this country used to be about. Limited government, individual freedom and a government that stayed out of your business, but since America no longer seems to know how to parent, what's an overloaded school and court system supposed to do but raise your li'l brat.
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01:36 AM on 09/04/2011
If a random stranger did this on the street they would be charged with felony kidnapping. I'm sure this "security" guard will walk.
01:32 AM on 09/04/2011
If a child is being disruptive in class then by all means remove the child if need be. Have the child escorted to the principle's office. Call the parents in for a conference with the principle, the teacher and the child all in attendance. If it continues then suspend the child or even expell him but short of the child using or threatening to use a weapon there is no reason for a 1st grader to be handcuffed and no excuse to threaten the child with prison. All this does is make the child extremely fearful of and resentful to authority figures.

I am a parent and my child in kindergarten and he knows the rules and knows what happens when he follows them as well as if he does not. So far he has been a model student but even if he was a terror at school I can promise someone I would come unglued if I found out the put him in cuffs and the last thing the person who did it is going to worry about is a law suit. They say not to mess with a mama bears cubs, but it is worse messing with papa bear's.
10:32 PM on 09/03/2011
Disruptive children do need to be removed from the classroom so that they don't interfere with the education of the other students. However, that is no excuse for terrorizing them.
10:24 PM on 09/03/2011
I think the security gaurd is right, the kid will end up in jail sooner or later. LaShanda Smith is just looking for a payday. The kid did something wrong and will continue to do things wrong until disciplined. When I was a kid, if I told my parents I was hit by a teacher, my parents wiped me more, saying I must have done something wrong. STOP RAISING THUGS!
01:32 AM on 09/04/2011
Your parents 'wiped' you?

With what? A napkin?

Obviously a public education was wasted on you as well. Resume the beatings.
02:21 AM on 09/05/2011
oops I made a typo. "whipped" Thanks for the help, boy.
10:21 PM on 09/03/2011
Another bully with a badge...they are never large in their own eyes so they try to appear large to someone else. This security"officer" had best be very, very glad he acted this way to a child not belonging to me because ever after when he walked his rear would jingle with handcuffs melodies.
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10:08 PM on 09/03/2011
I believe in punitive damages, unlike some of you posters who ask "why sue?" The point being that wrong, tortious behavior OUGHT to be punished. This case should go forward.
09:12 PM on 09/03/2011
Criminals are made, not born. Let's get out of this habit of criminalization our babies.
07:27 PM on 09/03/2011
A security guard with handcuffs for 7 year olds...someone is clearly out of their mind. That being said, they are suing for over $100000? Um, a little excessive imo. Won't suing the school district take money from other students? What, do the parents want a payday? Last I checked, the Chicago Public Schools system didn't exactly have a lot of extra cash on hand. The rational solution is to have the security guard apoligize to the kid, and then fire him. Not sue the already cash strapped public school system, which helps nobody, but hey at least you can buy a new car or pay off your house or something.
04:39 PM on 09/03/2011
I certainly do not agree with handcuffing a child who was only disruptive. If he was physically being disruptive, then that's warranted for his and those around hims safety.

But first grade? Come on, it's only the 2 or 3rd week of school. The teacher should have laid down the class rules. Had a behavior system in place. The parents should have been notified of the rules and behavior system to help explain it to the children.

My son just started Kindergarten. There are class rules to follow. A behavior and reward system in place. Well, my son was "disruptive," sat in time out and didn't get his train ticket for the day. He saw all the other kids get their's and not him. I went over the rules of the class and explained the consequences, since then he's got his ticket every day, no problems. I will not tolerate bad behavior anywhere! It starts at home!!

The parents have to play a roll in their education, support the teacher. BUT I do not agree with handcuffing and making threats to a child.
12:41 PM on 09/03/2011
How do such perverse individuals get into positions where they can terrorize children? I can hardly believe the disastrous attitudes some school districts and school administrative officials have. They definitely should not be involved in the education profession. In fact whoever was the principal of this particular school should be fired immediately.
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01:45 AM on 09/04/2011
Fired? Criminal charges for all. Teachers included. Anyone who didn't blow the whistle. Even the janitor if he turned a blind eye. This article enrages me.
02:31 AM on 09/03/2011
I don't know if it is me, but it seems like schools seem to be getting more and more rigid each year. Obviously, I don't know the whole story behind the disruptive students getting arrested (for example, were they given warnings when they were talking in class before being referred to the security guards?), but having them arrested and treated like "criminals" seems to be a little extreme if you ask me. I know back when I was going to school, disruptive students were usually given several warnings and given detention if they refused to comply (especially starting in 4th grade), and referrals to law enforcement officials were usually reserved for more serious infractions (such as arson, possessing alcohol, etc).
12:42 PM on 09/03/2011
Please remember these are 1st year pupils. They have barely left their mother's apron strings.
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09:30 PM on 09/02/2011
How despicable of the school. Clean 'em out for what they did.
06:20 PM on 09/02/2011
NOT ONLY SHOULD THIS GUY BE CHARED WITH FALSE IMPRISONMENT. HE SHOULD ALSO BE CHARGED W CHILD ABUSE!