Arrested for a Belch in Gym Class: A.M. v. Holmes, Excessive Force on Schoolchildren, and Qualified Immunity
Vol. 53, Criminal Law Bulletin, Forthcoming
25 Pages Posted: 27 Jun 2017
Date Written: June 25, 2017
Abstract
This Article explores the evolving area of qualified immunity. Specifically, it explores the grant of qualified immunity in cases involving excessive force claims for unlawful warrantless arrests on schoolchildren. There has been an increase in warrantless arrests of children at schools over the past decade and many of these arrests are for nonviolent offenses. This Article analyzes a remedy to deter arresting children in schools: that is, to bring forth a civil rights action against the arresting officer. Moreover, the article takes a look into the case of A.M. v. Holmes, where a thirteen-year old child was arrested for belching in class. This Article determines that warrantlessly arresting schoolchildren for minor offenses should be a constitutional violation that overcomes the qualified immunity defense, thus allowing the child to bring a civil rights action against the arresting officer. This Article suggests a refined three-factor inquiry to determine whether there was “clearly established law,” which would allow a child to bring forth a claim for a warrantless arrest under a theory of excessive force that overcomes the qualified immunity defense.
Keywords: qualified immunity, criminal law, excessive force, police, fourth amendment
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