An autistic 11-year-old boy was handcuffed and detained for hours in 2019 after he poked a classmate with a pencil, according to a lawsuit
The Colorado boy, identified only as A.V., was in class at Sagewood Middle School in Parker when a classmate drew on him with a marker, according to the lawsuit, filed by his mother and the American Civil Liberties Union of Colorado. A.V., who is "sensitive to touch," responded by poking his classmate with a pencil.
The school psychologist was helping A.V. calm down when the principal notified school resource officers, who proceeded to arrest the boy.
A.V. was handcuffed and taken into custody, left in the patrol car for hours where he repeatedly banged his head against the plexiglass, according to the lawsuit.
© Google MapsA.V. was in class at Sagewood Middle School at the time.
A.V. was in class at Sagewood Middle School at the time. (Google Maps/)
"When we saw him, his forehead and arms were so swollen and bruised," his mother, Michelle Hanson, said in a statement. "After we bailed him out, he wouldn't eat, wouldn't speak. A.V. was - is - definitely traumatized. We all are."
A.V. was charged with misdemeanor assault for allegedly causing injury to his classmate, two charges of misdemeanor harassment for allegedly striking school staff, as well as second degree felony assault of a peace officer and a misdemeanor of resisting arrest and briefly held on a $25,000 bond.
All charges have since been dropped.
"I just pray that there are SROs with better training who know about (individualized education plans) and kids like A.V.," Hanson said. "Sometimes our kids look defiant but they're not, they're just not in a good space. They need compassion not handcuffs."
The lawsuit seeks unspecified damages and accuses the school district and three sheriff's deputies acting as school resource officers of violating A.V.'s rights under the Americans With Disabilities Act.
In a statement Tuesday night, the Douglas County Sheriff's Office said, "when we receive a call for service, especially one that involves a criminal allegation, we must respond."
"In this particular incident, it was reported that a student had stabbed another student with a pair of scissors," the statement read. "It was also reported that a staff member had been assaulted."
Christine Funk and Ben D'Ardenne, Sagewood's dean of students and principal, respectively, said A.V. "pushed past them" as he was leaving the classroom, but no one reported any injuries, according to the lawsuit.