12/10/2014 05:28 pm ET Updated Dec 10, 2014

Why A Black High Schooler Was Jailed Without Probable Cause

Two children, ages 14 and 17, have been arrested and jailed without probable cause in southwest Ohio in the last year, prompting a federal lawsuit to be filed on their and other juveniles' behalf in the state. The lawsuit alleges that police in Hamilton County have routinely and unconstitutionally arrested children without due process.

Kim Tandy, who filed the lawsuit, stopped by HuffPost Live on Wednesday to address the suit, saying the trend is troubling.

"It is disconcerting," Tandy told host Alyona Minkovski. "I really feel like there is some real unfettered discretion that police have because we don't have a system of checks and balances in place. We don't know necessarily why that occurs. But we do know, and we have plead this in the context of a preliminary injunction, we do know that the harm is much greater for children of color."

The two children remain unnamed because they are minors, going only by L.D. and S.W. in the case.

S.W. was arrested in September for robbery despite only vague evidence attributed to him. He was jailed for a month before being acquitted. L.D., meanwhile, spent 15 days in jail and six months on house arrest after police arrested him for a robbery charge without probable cause.

Read more on the case here.

Watch the rest of the clip above, and catch the full HuffPost Live conversation here.

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