Appeals court allows 10-year-old Black Girl to pursue lawsuit against deputy
/Girl Handcuffed after Situation was Over
A federal appeals court on Tuesday reversed the dismissal of a lawsuit claiming a Tuscaloosa County deputy used excessive force when he handcuffed a 10-year-old girl at an elementary school. The 11th Circuit Court of Appeals in Atlanta reinstated the lawsuit filed by the girl's mother, Toniko L. Alexander, who claims Deputy Antonio Bostic handcuffed her daughter Laquarius Gray for 10 minutes after the child had a disagreement with a physical education teacher over whether she did her jumping jacks. In the lawsuit, Gray says her constitutional rights were violated by Bostic's actions on March 7, 2003 at Holt Elementary School. The district court in February decided to dismiss the lawsuit against Bostic and Sheriff Ted Sexton based on their immunity as state officials without addressing Gray's request to pursue her complaint. The 11th Circuit, in its opinion, said state officials are not protected by immunity when they violate constitutional rights. They said Bostic handcuffing the girl was a violation of her Fourth Amendment right against unreasonable search and seizure. "At the time when Deputy Bostic handcuffed Gray, the situation had already been diffused, and there was no basis, reason or need for Deputy Bostic to handcuff her," the court wrote in its ruling. According to court documents, Bostic told Gray "this is how it feels to be in jail" and "this is what happens to people when they break the law" when he handcuffed her. The justices pointed out that the teachers involved in the incident had not asked for Bostic's help and that neither students or school officials were in danger because of the Gray's "disrespectful comment." [more]
A federal appeals court on Tuesday reversed the dismissal of a lawsuit claiming a Tuscaloosa County deputy used excessive force when he handcuffed a 10-year-old girl at an elementary school. The 11th Circuit Court of Appeals in Atlanta reinstated the lawsuit filed by the girl's mother, Toniko L. Alexander, who claims Deputy Antonio Bostic handcuffed her daughter Laquarius Gray for 10 minutes after the child had a disagreement with a physical education teacher over whether she did her jumping jacks. In the lawsuit, Gray says her constitutional rights were violated by Bostic's actions on March 7, 2003 at Holt Elementary School. The district court in February decided to dismiss the lawsuit against Bostic and Sheriff Ted Sexton based on their immunity as state officials without addressing Gray's request to pursue her complaint. The 11th Circuit, in its opinion, said state officials are not protected by immunity when they violate constitutional rights. They said Bostic handcuffing the girl was a violation of her Fourth Amendment right against unreasonable search and seizure. "At the time when Deputy Bostic handcuffed Gray, the situation had already been diffused, and there was no basis, reason or need for Deputy Bostic to handcuff her," the court wrote in its ruling. According to court documents, Bostic told Gray "this is how it feels to be in jail" and "this is what happens to people when they break the law" when he handcuffed her. The justices pointed out that the teachers involved in the incident had not asked for Bostic's help and that neither students or school officials were in danger because of the Gray's "disrespectful comment." [more]
