Family sues after 9-year-old boy handcuffed at school

Published: Oct. 8, 2023 at 11:42 PM CDT

SEMINOLE COUNTY, Fla. (WESH) - The family of a 9-year-old boy is suing the city of Oviedo, Florida, and police after school resource officers handcuffed their child at school.

Two Oviedo police officers were in the mailroom Feb. 2 at Stenstrom Elementary School in Seminole County. According to a police report, staff attempted to deescalate a situation with a fourth-grade student who was cursing, screaming and throwing things.

The student had an Individual Education Plan and Behavior Intervention Plan that identified “physical aggression” as a behavior problem, according to a lawsuit later filed by his family.

Video of the incident shows staff using blocking pads made for situations like this, but officers later handcuffed the 9-year-old, while asking him to calm down. Officers continually speak with the child, as seen in the video.

The family’s lawsuit says that according to the student’s plan, when confronted with his aggression, staff should “not engage in any conversation other than having him complete the task” and otherwise limit the level of attention directed to him.

The 9-year-old was handcuffed for about 13 minutes before being released.

The family later sued the City of Oviedo and the officers involved but not the school district. Among other damages, they claim this incident caused extreme harm, aggravating the boy’s existing condition.

“Nine-year-old children should not be handcuffed by police officers at school. The City of Oviedo has failed to reach out to the family to make any effort to address this unfortunate situation. It was not my clients’ preference to initiate litigation, but the city’s failure to investigate this incident and the officers involved left them no alternative,” said the family’s attorney in a statement.

Oviedo Police said that due to the pending litigation, the department will not be conducting interviews or releasing any statements.