WAVE school safety & security

Angry mom:
‘You should be shot in the head!’

Finding an SRO was entitled to immunity, the
Eleventh Circuit rejected the Fourth Amendment
claim of a Georgia mother who was arrested after
a school event.

Students and parents were at the school for an
evening orientation.

At the event, the mother in this suit got frustrated.
Witnesses said the mother was “very upset, yelling
and repeating that the event organizer should be
shot in the head.”

The event organizer was present during the
mother’s rant – and was so visibly shaken by the
incident that she had to be escorted to her car.

The next day, the principal asked the SRO to in-
vestigate. He did, and witnesses said the mother:

* continued to yell “you should be shot in the head”
after she learned the identity of the event organ-
izer

*pounded her fists on the table as she stormed out
of the event, and

*caused the event organizer so much stress that
she had to leave early.

After the investigation, the SRO As such, the ruling for the SRO students’ rights under the Fourth
obtained a warrant and arrested was affirmed. and Fourteenth Amendments
the mother for disrupting the op- and is seeking more than
erations of a public school. Yates v. Cobb County School $100,000 in damages.
Dist., 687 Fed.Appx. 886 (11th
The state prosecutor agreed to Cir. 2017). Mom says school
drop the charge after the mother overstepped its bounds
agreed to write a letter of apology Angry mom sues after
and undergo an anger manage- police question student Here’s an all-too-familiar ques-
ment evaluation. tion: When can you discipline
without consent students for online, off-campus
Several months later, the mother speech?
filed a multi-claim lawsuit, includ- An angry mother in Oregon has
ing a Fourth Amendment false filed suit against the Beaverton The American Civil Liberties
arrest claim against the SRO. School District and the Beaver- Union (ACLU) of Oregon will put
ton Police Department. that question to the test.
The trial court said the SRO was
entitled to qualified immunity – as B.R.K., a student at a K-8 school The organization has filed suit on
any reasonable officer in the called Raleigh Hills, was sus- behalf of a student who was sus-
SRO’s shoes could’ve concluded pended in 2013 after drawing a pended for online, off-campus
that he had probable cause to ar- picture of a person being hanged speech he posted on Facebook.
rest the mother. by a noose during class.
Sixteen-year-old Braeden Burge
Adult version of ‘just a joke’ Two days after the suspension is a former student of Colton Mid-
was issued, school staff — in- dle School.
On appeal, the mother admitted cluding a school psychologist —
she said the event organizer met with the parents. During that When Braeden was in the eighth
“should be shot in the head.” meeting, staffers concluded the grade, teacher Veronica Bouck
child was not a threat and al- gave him a “C” for his health
She said the remark was “a hy- lowed the child to return to grade.
perbolic statement” that shouldn’t school.
have been taken literally by staff Braeden’s mother grounded him
at the event. She claimed the The mother claims that during for the grade.
staffers made false statements to this meeting, she specifically re-
the SRO, exaggerating what re- quested that her child not be in-
ally happened. terviewed by police. The suit
claims the school called the po-
But even if the mother’s side of lice after she left. It also claims
the story was true, that still police questioned the student but
wasn’t enough to sway the court did not notify the parents until af-
because she failed to provide ev- terward.
idence that showed the SRO
knew (or should’ve known) that The suit claims violations of the
the school staffers he inter-
viewed made false statements.
She didn’t – so the SRO was en-
titled to immunity.

Like many students, Braeden 2. harassing staff.
took to Facebook to vent his
frustration. From his home com- Braeden’s mother filed suit,
puter, he posted, “I wanna start a claiming the school stepped over
petition to get mrs. Bouck fired, its bounds for disciplining Brae-
she’s the worst teacher ever.” den for speech that was made
“from the privacy of his own
In the comments section, one of home, outside of school hours
Braeden’s friends asked what the and while not participating in a
teacher had done. school-sponsored activity.”

Braeden responded, comment- Braeden’s speech did not pose a
ing: substantial disruption to the
school environment, according to
1. “she’s just a bitch haha” the complaint.

2. “Ya haha she needs to be Further, it claims Powell failed to Gay student:
shot,” and properly investigate to determine ‘Teacher threatened to
whether there was a credible
3. ” I just noticed that every time safety threat, as she didn’t: kill me’
I’ve been grounded in middle
school it’s because of Mrs. 1. ask Braeden if he had access An Oregon federal court refused
Bouck … I wish she would get to guns or any experience with to dismiss constitutional claims
fired haha but I doubt that’ll ever guns against several district employ-
happen.” ees. Here’s what happened:
2. talk to any of the classmates
Braeden’s mother saw the com- who had posted comments on J.D. was an openly gay student
ments and told him to delete the the thread about Bouck, and at Century High School.
post. He did, according to the
complaint. 3. look to see whether Braeden While he was talking to friends,
had made similar comments J.D. said a teacher interrupted
Printed screenshot about Bouck on Facebook since and told them to shut up, said,
taken to school the original post. “I’ll kill you,” and threatened to
throw them down the stairs.
More than a month later, the par- The complaint says the suspen-
ent of another student printed a sion amounts to violations of
screen shot of Braeden’s Face- Braeden’s rights under the First
book comments and put it in and Fourteenth Amendments.
Principal Kara Powell’s mailbox.
The suit seeks to have Braeden’s
Powell talked to Braeden and educational record expunged.
suspended him for three and a
half days, saying he violated two
school policies that forbid:

1. violent threats, and

The teacher was put on paid ad- Search finds brass up.”
ministrative leave. J.D. alleged knuckles, hit list and
the teacher encouraged other D.N. was called to the office
students to walk out of class to death list where he first denied – but
protest the discipline imposed. shortly after admitted – his in-
J.D. said the protest created and A student claimed a search went volvement.
supported a hostile environment too far – and the punishment was
for him. too harsh. Did the judge agree? The assistant principal searched
D.N. for more stink bombs – and
He filed a Section 1983 claim, al- No, a Texas federal judge re- found a set of brass knuckles in
leging violations of his right to jected his claims. the pocket of his hoodie. The as-
free speech and equal protec- sistant principal asked if D.N.
tion. Administrators were investigating had anything else and searched
a stink bomb incident at Tomball the front pocket of his jeans.
J.D. claimed: Intermediate School when “stu-
dent D.N.’s name was brought He said/she said
1. the teacher violated his
speech rights by threatening to
kill him for talking to his friends,
and

2. the principal and superinten-
dent violated his right to equal
protection by failing to properly
train and supervise employees.

The defendants asked the court
to dismiss the claims. But J.D.
stated valid prima facie Section
1983 claims, so further proceed-
ings were needed.

J.D. v. Hillsboro School Dist., No.
3:15-cv-02328-SI, 2016 WL
3085900 (D. Or. 5/31/16).

D.N. claims the assistant princi- been denied [his] entitlement to The assistant principal was enti-
pal reached her hands into his a public education.” tled to immunity because the ev-
pocket. idence didn’t show “her conduct
Next, D.N.’s mother argued the violated a clearly established
But the staffer denies doing so. search was overly intrusive be- right,” the court held. So the
She said D.N. emptied his pock- cause the principal stuck her claims were dismissed.
ets after being told to do so. hands in D.N.’s front pockets,
which she said was “practically a Deyo v. Tomball Independent
The search of D.N.’s pockets strip search.” School Dist., No. H-14-2135,
found two lists: a hit list and a 2015 WL 6971642 (S.D. Texas
death list. The court noted that two different 11/11/15).
versions of the search were pre-
D.N. was arrested and charged sented. But even D.N.’s version
with felony possession of a pro- of happened was a far cry from a
hibited weapon at school. strip search as he wasn’t asked
to remove any clothing, the court
As per the school’s code of con- noted.
duct, administrators recom-
mended expulsion. The school
board upheld the punishment
and notified D.N.’s mother that
he’d be transferred to an alterna-
tive school for a year.

D.N.’s mother withdrew him and
filed suit, alleging violations of
the Fourteenth and Fourth
Amendments.

The school asked the court to
toss the claims. It did.

Why court backed school

D.N.’s mother argued the disci-
pline – expelling D.N. and trans-
ferring him to an alternative
school – was too harsh. She
claimed the transfer would deny
D.N. access to a public educa-
tion.

The court rejected the claim, not-
ing that the Fifth Circuit has re-
peatedly held that a disciplined
student who is given access to
an alternative program “has not

Elementary school hero Teachers bring drugs, In Ohio, a special ed teacher
talks down alcohol, weapon to was charged with disorderly con-
school duct and intoxication at Bay Vil-
armed intruder lage Middle School. The school
called the police, who adminis-
Twenty-year-old Michael Bran- tered a sobriety test and deter-
don Hill has been arrested after mined the teacher was drunk at
allegedly firing shots while barri- school.
caded inside a Georgia elemen-
tary school. Oklahoma police arrested a
teacher at Sapulpa Elementary
On August 20, Hill entered the after finding syringes, heroin,
school, armed with an AK-47 and methamphetamines and spoons
“a number of other weapons,” ac- used to cook drugs in her purse.
cording to police. With less than one month of the
school year behind them, some
Thankfully, no one was injured students and school officials
during the incident.

Hill barricaded himself in the of- It’s tough to maintain a safe have already found themselves
fice. As the standoff continued, school environment when faculty in trouble.
school staffer Antoinette Tuff members show up for work like
talked to Hill, encouraging him to this: Here’s what’s happened re-
do the right thing. cently:
In Colorado, an SRO arrested a
According to reports, gunfire was teacher at Sterling Middle A California elementary school
exchanged between Hill and offi- School. She was charged with principal was arrested after po-
cers reporting to the scene. DUI and having an open con- lice found drugs and a stolen
tainer within the main academic weapon in her car. After receiving
Hill listened to Tuff and eventu- building. a phone call about “suspicious
ally surrendered to police. He activity” from neighbors, police
faces charges, including: A kindergarten teacher in Geor- approached Rachel Escobedo’s
gia was arrested after an SRO car, and she allowed them to
1. aggravated assault on an offi- found a loaded pistol in her purse conduct a search. According to
cer while he searched it for alcohol. reports, police found a .22-cal-
The teacher was charged with iber pistol that had been reported
2. terroristic threats, and reckless conduct and possession stolen, marijuana, an open bottle
of a weapon on school property. of vodka, 22 hydrocodone tablets
3. possession of a firearm by a and baggies containing what’s
convicted felon. A New Jersey teacher has been believed to be crystal meth.
arrested for selling marijuana to
School officials: an undercover detective outside
of Bogota High School. He was
1. evacuated students, and charged with distribution of a
2. reunited them with their fami- controlled substance within
lies at a nearby shopping center. 1,000 feet of a school.

Escobedo was arrested and re- have stepped up and more may charges of resisting arrest and
leased after posting $25,000 in come forward, police believe. assault. The second fight took
bail. She pleaded not guilty to Glasspool has been placed on place just after 3 p.m. Two male
felony charges of possession of unpaid leave from her position at students were fighting, so the
a controlled substance and pos- Hollywood Academy of Arts & SRO approached them to break
session of a loaded firearm. If Science. it up. One of the boys turned on
convicted, she faces more than the SRO and attacked him. He
four years in prison. Escobedo An Indiana student has been ar- was arrested and faces charges
was suspended from her position rested after school officials at of assault and battery, resisting
at Robert E. Lee Elementary Whiteland High School found a arrest and obstructing a police of-
School. threatening message in a school ficer.
restroom. The threat read: “This
Another California school official school is getting bombed Mon- A fifth-grader in New Jersey who
is in trouble — this one for pos- day.” School officials were noti- has a history of mental health is-
session of child pornography. fied at 9 a.m. They used the sues may face juvenile charges
Math teacher Aaron Paul Widera school’s surveillance cameras to for allegedly creating a hit list.
has been placed on administra- determine which students had According to reports, the student
tive leave from his position at used the restroom that morning, named about 40 individuals he’d
South Junior High School. Ac- and compared writing samples to like to see harmed. The list in-
cording to reports, local police find the culprit. The unnamed cluded first names of students in
were notified about child pornog- student admitted he wrote the his class as well as public fig-
raphy images on Widera’s Tum- threat because he wanted a day ures, including President
blr account. After confirming that off from school. As a precaution, Obama. The boy did not have
the reported photos existed, po- school officials organized a access to weapons or a “well-de-
lice searched Widera’s home sweep of the school by drug veloped plan.” But he was re-
and allegedly found thousands of sniffing dogs. No bomb was moved from his school for the
similar pictures. If convicted, the found. The boy was taken to a ju- year — and school officials are
teacher faces up to six years in venile detention center on one committed to making sure the
state prison. charge of false informing. student gets the help he needs.
A letter was sent to parents about
A Florida teacher was arrested In Michigan, six students were the incident.
after she allegedly sent inappro- arrested after two separate fights
priate Facebook messages to broke out at Taft Digital Learning A New York teacher is in hot
students between the ages of 15 Center. The first fight began just water after posting a video of one
and 17. Social studies teacher before noon in the lunchroom. of his students. Special educa-
Stevie Glasspool sent messages Two female students were in- tion teacher Mark Turnpenny up-
to students, inviting them to volved. A male staff member loaded a video of a student
sleep over and smoke marijuana. went over to break up the fight, crying because he was having
Messages included comments but one of the girls attacked him, trouble taking a standardized
like “I don’t want you to fall in love punching him and breaking his test. Turnpenny claimed the
with me but I also don’t want you leg by stomping on it. More stu- video was an attempt to show
to hit it and quit it either” and “You dents jumped in to the melee. the inappropriateness — and his
will be graded on performance.” After the incident, police had five own disapproval — of mandated
The authorities stepped in when students in custody. Two were re- tests. School officials said the in-
one of the victims came forward. leased to their parents, and the cident is under investigation.
Since then, two other victims other three are in custody, facing

In Ohio, a senior was arrested drugs, the book bag contained Football player shot on
after several classmates over- more than $700 in cash. He the field
heard him threaten to shoot faces several charges, including
someone. One reported it. Eight- intent to distribute. A Georgia football player suf-
een-year-old Derick Craig was fered non-life-threatening injuries
charged with inducing panic. Po- In South Carolina, a 17-year-old while he was on the school’s
lice seized 20 guns from Craig’s student was arrested in connec- field. The unidentified victim was
home, along with drugs — mari- tion with fires at St. James High on the field watching game films
juana, prescription pills and hal- School. According to reports, over the weekend when an alter-
lucinogenic mushrooms — found schools security called police cation happened between the
in the boy’s bedroom. The case around 6:20 a.m. after finding football team and a group of kids
will be presented to a grand jury, several fires at the school’s main who do not attend the school.
which might consider additional entrance. Some fires burned the
drug charges. American flag, while others According to reports, shots were
burned objects in plastic contain- fired and the student was injured.
Another Ohio student was ar- ers. The school’s surveillance
rested for making threats. This equipment captured images of Police are investigating — and
student sent threatening text the arsonist, dressed in all black the shooter has not been caught.
messages regarding the school. clothing and black goggles, walk-
A classmate showed the texts to ing around campus about 2 a.m. More weapons, threats:
the principal at River View High The building sustained minor 20 white-knuckle
School. Declining to get into damages. As students arrived at incidents
specifics, school officials said the school, they were directed to the
messages were “threatening football field and later bused to a Weapons continue to cause
enough that it caused us concern nearby middle school. The bomb safety and security problems at
that we wanted to follow through squad cleared the school about schools across the nation.
with it. It’s definitely not some- 11:15 a.m. The student who is
thing we want to dismiss.” The suspected of starting the fires Here’s what’s happened:
girl — who was not identified due faces third-degree arson
to her age — admitted she sent charges. An Alabama student has been
the messages out of “frustration.” suspended after bringing a knife
She was taken to a local juvenile A Utah lunch lady had pleaded and a gun to Butler High School.
detention center. If found guilty of guilty to forcibly having sex with The unidentified male was
sending the messages, she a 15-year-old student. Cafeteria charged with two Class III viola-
faces expulsion. worker Jamie Lynn Greenwood tions of the district’s code of con-
claimed the relationship was duct, and an expulsion hearing is
A Pennsylvania sophomore, consensual. The victim — a scheduled. Police have charged
whose identity was not released friend of Greenwood’s teenage the boy with carrying a con-
because of his age, was arrested son — denied that, claiming she cealed weapon. No one was in-
after police found 81 baggies of threatened to call the boy’s jured in the incident.
heroin in his book bag. The teen mother if he didn’t comply with
was about to walk onto Upper her sexual demands. She faces
Darby High School’s campus up to 15 years in prison for two
when he saw officers and ran. counts of forcible sexual abuse
When they caught the boy, he and two counts of unlawful sex-
struggled until he was subdued ual activity with a minor.
by a Taser. In addition to the

Elsewhere in Alabama, police male classmate at a nearby play- school safety zone. No one was
were called to Escambia County ground. Both students have been injured in the incident.
High School. An unidentified charged with theft of a firearm
male student was arrested for and illegal transfer of a pistol. Elsewhere in Georgia, police ar-
having a weapon on school prop- The girl faces two additional rested a student who threatened
erty. School officials declined to charges: carrying a pistol without to bring a gun to Paulding
comment about the type of a permit and possession of a County High School and shoot
weapon, but said no one was in- firearm on school grounds. No people. The unidentified student
jured. An investigation is ongo- one suffered injuries. was arrested and has been
ing.

A ninth-grader in Arizona was A Florida teen was arrested after charged with terroristic threats,
arrested after bringing an un- a teacher saw bullets fall out of disruption of a public school and
loaded handgun to Basis Charter the boy’s pocket. The school no- unruly juvenile. Police used the
School. Police received a heads- tified police, who arrived at Jones department’s Facebook page to
up from the boy’s parents, who High School and searched 15- keep parents updated. The in-
called the authorities when they year-old DeAngelo McCoy. In his vestigation continues.
realized a gun was missing from bookbag, police found a semiau-
their home. Local law enforce- tomatic handgun, magazine and An Indiana student was arrested
ment arrived and put the school 12 live rounds. McCoy has been after police received a tip that
on lockdown. The boy was found charged with possession of a he’d brought a weapon to White-
on the school roof. No injuries firearm by a minor, possession of land Community High School.
were reported. a concealed firearm and posses- Details about the weapon were
sion of a firearm on school not released. No injuries were re-
Two California sophomores grounds. School officials sent a ported, and school officials noti-
were arrested after a locker letter to parents about the inci- fied parents about the incident in
search revealed a gun at Henry dent, reiterating that no one was a letter.
J. Kasier High School. The injured.
school was never put on lock- A sophomore in Kentucky has
down, and school officials de- After receiving a tip from a con- been arrested for bringing
clined to comment on whether cerned grandmother, police in weapons and drugs to Walton
the weapon was loaded. Parents Georgia arrested a 17-year-old Verona High School. School offi-
were notified about the incident student for bringing a gun to cials were suspicious and called
via a phone alert. The superin- Cook County High School. Police police, who searched the boy
tended also released a state- went to the school and spotted and found an Airsoft handgun, a
ment regarding the incident and the student. He ran toward the knife and drugs. The student has
said the students face expulsion. parking lot. Police detained the been charged with two counts of
No one was injured. boy and found “a .22 caliber unlawful possession of a weapon
Magnum revolver that was on school property, trafficking of
In Connecticut, two 13-year- cocked,” according to reports. marijuana, possession of mari-
olds have been arrested in con- The student has been charged juana and possession of drug
nection with a weapons incident with carrying a weapon in a paraphernalia. No one was in-
at Hamden Middle School. Police jured during the incident.
said a girl stole her father’s 9mm
handgun from its locked com-
partment and brought it to
school. Then she gave it to a

Elsewhere in Kentucky, an zone. He will be charged as a ju-
unidentified 15-year-old student venile. No one was injured in the
was shot at Fern Creek Tradi- incident.
tional High School. He suffered
non-life-threatening injuries. The In New York, an 18-year-old was
16-year-old shooter left the arrested after a backpack search
school and was arrested about revealed a starter pistol at East
three hours later. He has been Meadow High School. Police
charged with assault, wanton en- said a starter pistol normally fires
dangerment, unlawful posses- blanks and is used to start races.
sion of a weapon on school The student was taken into cus-
property, tampering with evi- tody, and an investigation is on-
dence and carrying a concealed going. No injuries were reported.
weapon. The school was put on
lockdown, and parents were re- A North Carolina teen was shot
united with their children at a at Albemarle High School. Ac-
nearby elementary school. cording to reports, the victim was
arguing with another student in
In Louisiana, a 17-year-old was the courtyard before classes
arrested after a .357-caliber re- started. The shooter opened fire,
volver was found in his car, which and the victim was shot in the
was parked at Mt. Hermon leg. His condition is unknown at
School. Police said the weapon’s this time. An SRO took the
serial number was partially re- shooter into custody. The school
moved. The student claimed he was evacuated, and classes
brought the weapon to school for were cancelled for the day.
protection after he was robbed
by another student. The teen Authorities in Oklahoma have
was arrested and charged with arrested a 17-year-old who
possession of a firearm at school threatened an attack on Owasso
and possession of a firearm with Ram Academy. The unidentified
a partially obliterated serial num- student allegedly planned a
ber. No injuries were reported. school shooting. Several tipsters
came forward with their con-
An 11-year-old in Michigan cerns, police said. No one was
brought a loaded pistol to Kings- injured.
ley Middle School. A peer knew
about the weapon and told a
teacher, who notified the office
and local law enforcement. Po-
lice said the boy also had a list of
students that he wanted to harm.
The fifth-grader faces charges,
including carrying a weapon with
unlawful intent, carrying a con-
cealed weapon and carrying a
firearm in a gun-free school