Family sues Florida city after officers handcuff their 9-year-old old son in elementary school mailroom

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Child handcuffed at Oviedo school

Parents are suing the city of Oviedo after their 9-year-old son was handcuffed during a tantrum that happened at Stenstrom Elementary School.

Oviedo Police bodycam captured a Stenstrom Elementary fourth grader having a massive tantrum in the school mailroom. He's seen throwing things and screaming. Staffers tried to protect themselves with padded mats, before the officers put on the cuffs.

The family lawyer's complaint states that the boy has a special instructional plan from the school district which includes "a behavior problem, which the [Behavior Intervention Plan] defined as ‘hitting, kicking, pushing, throwing items and property destruction.’ The BIP further directed that school personnel, when confronted with [the student]’s physical aggression, should ‘not engage in any conversation other than having him complete the task’ and to otherwise limit the level of attention directed to him."

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Neither Oviedo Police nor Seminole County Schools could comment on this incident. Former Orlando Police Chief Orlando Rolon said it was a sad situation. "Ultimately, what every law enforcement officer wishes is that the situation is de-escalated before they even get involved, but in this situation obviously there was a lot going on."

The family has sued the city and the school resource officers for more than $75,000. They contended that the officers violated their SRO agreement by placing a child under sixth grade in handcuffs. Orlando attorney Albert Yonfa, who doesn’t represent the family, said a jury would have to consider all the facts.

"Even though it shocks us to see a child in handcuffs," Yonfa said, "a jury will have to look at the totality of the officer's actions in this particular case to really say that there was excessive force."