In recent years, the arrest of students on school grounds has become a more frequent occurrence. Students may face arrest for various offenses within the school environment, and these serious matters are subject to legal consequences. For example, according to Connecticut law, it is considered a felony for any individual, including a student, to make threats either verbally or electronically at a public or private school. Threatening someone with significant physical harm while on school premises constitutes a felony. Additionally, a student in Connecticut may face arrest for non-verbal threats, which could be made electronically, written, or through social media channels.
School officials and law enforcement officers possess substantial discretion, which can sometimes affect students adversely. In one notable case, a student accused of disrupting his class with “fake burps” was arrested and handcuffed. The U.S. Court of Appeals for the Tenth Circuit ruled that the arresting officer was protected from liability because it wasn't clearly established that the student's behavior violated New Mexico law prohibiting interference with the “educational process” in any school. The court explained that the student's actions disrupted not only the order of the classroom but effectively halted its activities. The Court concluded, “[i]n sum, we hold that it would not have been clear to a reasonable officer in Officer Acosta’s position that his arrest of F.M. would have been lacking in probable cause and thus violative of F.M.’s Fourth Amendment rights.”
Another situation involved a 9-year-old student who, along with his family, filed a lawsuit following his arrest for allegedly stealing an iPad from school. During the arrest, a Youth Officer employed a “twist-lock” control technique. The U.S. Court of Appeals for the Tenth Circuit found that despite the relatively minor nature of the alleged crime, “[the officer] could objectively and reasonably view C.G.H.’s grabbing her arm as resisting arrest and escalating a tense situation. For safety, it was objectively reasonable for [the officer] to de-escalate the situation and command C.G.H.’s compliance by using a twist-lock.”
Contact Us
If you have any questions regarding student arrests at school in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
