http://www.setexasrecord.com/news/234530…
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McKinney police officer sued for allegedly breaking student's arm
4/5/2011
SHERMAN - The city of McKinney and a McKinney police officer are facing a lawsuit after the police officers allegedly broke a high school student's arm.
Clifford Griffing filed suit against Officer Cody McGrew, Officer John Doe and the city of McKinney on March 28 in the Eastern District of Texas, Sherman Division.
In April 2009, Clifford Griffing, a student at McKinney Boyd High School, was ill with stomach problems. Shortly after lunch time, Griffing felt that he could not physically attend the rest of his classes for the day.
He left the nurses office and was walking toward an exit door when he states an officer yelled "You got to get back in the school!"
After asking several questions, the officer wrote Griffing a truancy ticket. When he received the ticket, he turned and continued to walk through the exit doors.
According to the lawsuit, the officer yelled at Griffing and grabbed one of his arms and Officer McGrew grabbed the other. The suit states the officers twisted his arms and pushed him to the ground.
Griffing alleges he fell on his left arm and yelled to the officers that his arm was broken. The officers allegedly ignored Griffing and twisted his arms behind his back, causing a compound fracture with the bone protruding through the skin.
The high school student underwent surgery and physical therapy for the injury.
The defendants are accused of violating Griffing's civil rights, including the right to be free from unreasonable seizure and use of excessive force.
The city of McKinney is accused of failing to provide constitutionally adequate training regarding the use of excessive force against suspects in situations involving seizure and arrest.
The plaintiff is seeking damages for mental anguish, physical impairment, disfigurement, medical expenses, punitive damages, interest, court costs and attorney's fees.
Griffing is represented by Stephen C. Pipkin of the Pipkin Law Firm in Dallas and Collen A. Clark of The Clark Firm in Dallas.
U.S. District Judge Richard A. Schell is assigned to the caseCould this school police officer be charged criminally for his actions against this student?
It depends on exactly what happened.
Was the student resisting the detention or arrest? If he had complied at some time could his injury have been avoided?
The whole article is "The student (or lawsuit) alleges that..." with nothing from the other side or any independent facts.
Cops have "qualified immunity" from prosecution, but without any independent facts of the incident, we can't know if they were right or not.Could this school police officer be charged criminally for his actions against this student?
The key word in this part is "the police officers (allegedly) broke a high school student's arm. If the officers really did what the kid claimed, the police officers deserve to be fired,put in jail and the city sued. Until then, innocent until proven guilty. Who is to say the kid did not fall down a set of stairs when he became ill.Could this school police officer be charged criminally for his actions against this student?
did he get permission to leave the school by the nurse,principal if he did then all he need to do was show that he had permission to leave. since he ignored the officer they had to restrain him. they might have used a little to much force. but i doubt it
Yes,
but you know that'll never happen.
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