A federal appeals court ruled that three Honolulu police officers are not immune from a lawsuit filed on behalf of a 10-year-old girl who was handcuffed and arrested at school for drawing an offensive picture of another student. The U.S. Court of Appeals for the Ninth Circuit issued an opinion stating that the officers were not entitled to qualified immunity because it was unreasonable to use handcuffs to transport a 10-year-old to the police station. The three-judge panel consisted of U.S. Circuit Judges Consuelo Callahan, Andrew D. Hurwitz, and Holly A. Thomas.
Tamara Taylor and her daughter, N.B., sued the City of Honolulu and the Hawaii Department of Education for false arrest, excessive force, and racial and disability discrimination. The complaint states that in January 2020, N.B. drew a picture of a figure holding a gun with phrases like "Stand down B—-," and "Yo F—– days are over NOW." N.B., who has ADHD and uses drawing as a coping mechanism, says she drew the picture after being bullied. Another classmate delivered the picture to the subject child, leading to police involvement.
Officers interrogated N.B. without her mother present and arrested her after she commented to a school nurse about wondering what jail would be like. The Honolulu Police Department denied racial motivation and defended their actions as a response to a genuine threat. N.B. was never criminally charged.
The ACLU sued on behalf of Taylor and N.B., naming the City and County of Honolulu, the Hawaii State Department of Education, the individual HPD officers, and the vice principal of Honowai Elementary School as defendants. The officers sought dismissal based on qualified immunity, a doctrine often criticized for shielding law enforcement officers. The Ninth Circuit denied qualified immunity, stating no reasonable official could believe the force used was necessary. The lawsuit seeks compensatory and punitive damages and reforms to protect minors from intrusive police actions.
Link: Law And Crime
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