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173602P.pdf 08/01/2019 K.W.P. v. Kansas City Public Schools
U.S. Court of Appeals Case No: 17-3602
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Smith, Author, with Benton and Stras, Circuit Judges]
Civil case - civil rights. In an action against a Kansas City police
officer and a grade school principal alleging seven-year-old KWP's rights
were violated when the officer handcuffed the child for about 20 minutes,
construing the facts in the light most favorable to KWP, neither the
officer nor the principal violated the child's right to be free from
unreasonable seizure and excessive force; the child had violently resisted
efforts to calm and control him and it was not unreasonable to cuff the
child and then leave him in handcuffs in the principal's office for 15
minutes - until his parent arrived - to keep the child from leaving and
posing harm to himself; the principal's failure to intervene and have the
officer removed the cuffs was reasonable in light of her previous
experiences with KWP in which he had attempted to leave the schoolyard
after the principal instructed him not to hit another student and had
actively resisted her attempt to control him; even if the reasonableness
of the officer's and principal's actions was questionable, KWP cannot show
that a reasonable official would have been on notice that their conduct
violated a clearly established right; the district court erred, therefore,
in denying the police officer's and the principal's motions for summary
judgment based on qualified immunity; because there was no violation of
KWP's constitutional rights, the district court necessarily erred in
denying the school system's motion for summary judgment on plaintiff's
municipal liability claim for failure to train and supervise.