School resource officer handcuffs autistic boy, 7, for spitting in class and pins him to the ground for 40 MINUTES while asking him 'have you ever been charged with a crime before?'
Bodycam footage shows a North Carolina school resource officer handcuffing a seven-year-old autistic boy and holding him on the floor for nearly 40 minutes after he became agitated and started spitting.
The Statesville Police Officer Michael Fattaleh is heard saying 'I've got him, he's mine now' in the quiet room of Pressly Alternative School in Statesville on September 11, 2018.
2018年9月11日，斯塔斯维尔警官迈克尔·法塔利(Michael Fattaleh)在斯塔斯维尔普雷斯利另类学校(Pressly Alternative School)的安静房间里说，“我抓到他了，他现在是我的了”。
Fattaleh takes the boy from two other adults who restrained him when he started acting out, handcuffs his arms behind his back and presses him to the floor.
'Alright don't move. You spit on me, I'll put a hood on you,' Fattaleh says to the boy as he starts pleading to be let go.
Fattaleh keeps him on the floor for 38 minutes with a pillow under his head, asks him whether he has been arrested before, and taunts him about soon becoming 'acquainted' with the juvenile detention system.
The student's mother has now filed a lawsuit in federal court in North Carolina accusing Fattaleh, the city of Statesville and a local board of education of violating the boy’s rights.
Fattaleh was put on administrative leave shortly after the incident and later resigned from the Statesville Police Department.
The mother, who has not been identified, says her son started acting out because he was overwhelmed. Since he was detained he has been home-schooled and suffered psychological damage, the lawsuit states.
The legal documents were filed Friday in response to the incident at the Pressly Alternative School in Statesville.
这些法律文件是周五提交的，以回应斯塔斯维尔普雷斯利另类学校(Pressly Alternative School)的事件。
According to the lawsuit, the boy had grown agitated in his class and in response, his special education teacher and behavioral health specialist took him to a safe room to calm down.
The suit says Statesville Police Officer Michael Fattaleh handcuffed the boy after the cop saw the special needs student spitting in the 'quiet room'.
The case includes video, which was obtained byWSOC, that shows the child handcuffed with his arms behind his back on the floor.
At the start of the video, the child is seen being restrained by two adults asFattaleh is heard saying: 'OK, I’ve got him. He’s mine now.'
Fattaleh takes the boy from the adults and handcuffs his arms behind his back and presses him to the floor.
'Alright don't move. You spit on me, I'll put a hood on you,' the officer is heard saying.
The officer gives the boy a pillow for his head and the child remains on the floor handcuffed for about 38 minutes.
Throughout the video, the child is heard crying and pleading for the officer to let him go.
'I’ve got all day, dude,' the officer says. 'If you are not acquainted with the juvenile justice system, you will be shortly,' he added.
At another point in the video, the officer is heard asking: 'Have you ever heard the term "babysitter"? I take that term literally, my friend.'
The lawsuit also makes mention of an exchange that is not included in the video in which the child tells the officer that his knee hurts.
'My knee. My knee. It really hurts,' the boy shouts out, according to the suit.
Fattaleh reportedly responded: 'Yeah, it sucks, doesn’t it?'
The officer told the boy's mother that he became combative and was punching and kicking adults at the school; however, that is not seen in the video.
When the mother arrived to the scene, another officer took the cuffs off the boy.
Fattaleh is heard telling the mother that her son will be charged with one or two counts of assault.
'Was this necessary?' the mother said while hugging her son. 'How do you charge a special needs child with assault?'
Since the incident occurred, the boy, who is now nine, has suffered psychological damage and has been home-schooled. His mother also had to quit her job in order to home-school him.
Charlotte attorney Alex Heroy is representing the boy’s mother.
He says Fattaleh inappropriately injected himself into a situation without being summoned by teachers.
'It’s one of the worst videos I’ve ever seen,' Heroy told the Charlotte Observer on Friday.
Heroy said the officer used physical force that caused the child at times to scream out in pain.
'A school resource officer at a school for special needs students handcuffs and pins a 7-year-old boy to the ground for almost 40 minutes? There is never a need for that, particularly since there was never a threat of harm to anyone. The reported act was that the child spit on the floor. That should never justify this kind of a response to a kid, to a child,' the attorney added.
The mother's lawsuit accuses the defendants of negligence, reckless and negligent infliction of emotional distress, and assault and battery.
Fattaleh was put on administrative leave shortly after the incident.
He later resigned from the Statesville Police Department. His attorney, Ashley Cannon, said the State Bureau of Investigation conducted an independent probe of the incident, resulting in no criminal charges.