Image Credit: Steven Depolo / Flickr/ CC
The Tennessee Conservative [By Paula Gomes] –
A Memphis mother has filed a lawsuit after her special needs son was assaulted and then handcuffed at his elementary school last year.
The boy’s mother, Cetera Jones, is suing Memphis Shelby County Schools (MSCS), Shelby County Sheriff Floyd Bonner Jr., Principal of Levi Elementary School Nekia Patton, special education teacher Rhonda Mitchell, the SRO who is referred to as John Doe, and other unnamed “administrators, employees or policymakers.” By filing the suit, Jones seeks financial damages and also the end of the practice of handcuffing children, including those with disabilities.
At the time of the incident, Jones’ son “L.J.” was 7-years-old with an Individualized Education Program (IEP) in place.
According to the lawsuit, on November 22nd, 2024, L.J. had a “behavioral outburst.” While L.J. allegedly threw objects and struck staff during this incident, instead of employing de-escalation techniques and interventions consistent with the child’s disability, his IEP, and state law, they summoned the SRO. The SRO responded by throwing the child into a bookcase and then onto the floor before using metal handcuffs to restrain the child’s hands behind his back. L.J. was then placed in the back of the SRO’s vehicle and driven home while accompanied by his 2nd-grade teacher and the school principal.
Jones says that upon arriving home with a black eye, L.J. was distressed and screaming.
Jones called 911 and the Tennessee Department of Children’s Services was notified but no report was given to the child’s mother.
The lawsuit alleges that the force inflicted upon Jones’ son caused “unnecessary pain, physical injury, and emotional harm” leading to an exacerbation of his disabilities while violating the child’s 4th and 14th Amendment rights.
In all, the lawsuit makes 12 allegations including assault and battery, excessive force, unreasonable seizure, and false imprisonment.
In 2008, Tennessee passed a Special Education Behavioral Supports Act prohibiting the use of handcuffs, aka mechanical restraints. According to state law, physical restraint of school children is only allowed in true emergencies where imminent danger or serious physical harm is involved. In addition, the use of physical restraint is not allowed to be used as punishment or to compel compliance.
Data published by the Tennessee Department of Education from 2021-2022 shows that students with special needs are not receiving an education on par with their peers.
According to a 2024 Special Education White Paper the root causes leading to the needs of students with disabilities and behavior issues being ignored are:
• A shortage and high turnover of Special Education Teachers.
• Under-preparation and lack of resources for general and special education teachers working with students with behavior needs.
• Lack of access to effective school-based supports and therapies for students.
• Punitive and exclusionary state level and school level policy trends that end up targeting special needs students at disproportionate rates.
What happened to Jones’ son is sadly not an isolated event. Earlier this month we reported on an autistic kindergartner who is facing assault charges after his school failed to provide him adequate support in the classroom.
Sumner County SRO Larry Burke at H.B. Williams Elementary School located in White House, Tennessee, filed for aggravated assault and simple assault against the 5-year-old boy at the beginning of September.
The child allegedly threw chairs and other items around the classroom and overturned furniture. Other students were hit or struck by items, and later in the day the boy reportedly pushed a child to the ground during recess, striking them on the arm.
Although the school nurse reported no injuries for the children involved in the incident and the Sumner County District Attorney’s Office and juvenile court were quick to dismiss the charges, the child is now facing new assault charges from parents of two classmates.
Now pending in the Sumner County Juvenile Court, the boy’s parents are at a loss as to how the situation was allowed to escalate to this extent.
Before the boy began Kindergarten, his parents did their due diligence in preparing him for school by putting him through months of intensive therapy. Experts told them he was ready for a traditional classroom, provided he had appropriate support.
With an IEP in place, the school year began. However, the plan did not provide for full-time one-on-one support. It wasn’t long after school started that the boy began having outbursts and acting out.
The boy’s father said that not only was the school unprepared, but there was surprise over his son’s behavior.
Suspended twice before the incident that Burke documented, the boy had already had outbursts that led to classrooms being destroyed and other children being struck. When the boy’s parents pressed the school to update the IEP to add one-on-one support, they stalled, only complying once the parents had hired an advocate for their son’s needs.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
