S.R. and L.G. v. Kenton County, et al.

In October 2015, the Department of Justice filed a statement of interest in S.R. & L.G. v. Kenton County, et al.  The plaintiffs in the case are two elementary school children who allege that a school resource officer (SRO) violated their rights under the Fourth and 14th Amendment and Title II of the Americans with Disabilities Act (ADA) when the SRO handcuffed them in school, behind their backs, above their elbows, and at their biceps, after the children exhibited conduct arising out of their disabilities.  The purpose of the statement of interest, which does not take a position on the merits of the case, is to provide the court with a framework to assess the plaintiffs’ claims. 

The brief explains the requirements to protect the rights of children, particularly children with disabilities, in their interactions with SROs.  It emphasizes that school resource officers should not handle routine disciplinary incidents that school officials should properly address.  It further describes the particularized facts and circumstances the court should consider in evaluating whether the SRO’s conduct in this case was objectively reasonable under the Fourth Amendment.  Finally, the department confirms that the ADA applies to SROs’ interactions with children with disabilities and that this statute requires SROs to make reasonable modifications in their procedures when necessary, and requires law enforcement agencies to change policies that discriminate against children with disabilities.