You read that correctly.
A seventh grader at Cleveland Middle school in Albuquerque, New Mexico "burped audibly" resulting in his teacher calling the school resource officer, who in turn called the police to have him arrested for "interfering with public education." The kid was handcuffed and taken to the detention facility.
Apparently he is some sort of class clown and kept faking belches even after being sent out into the hall but instead of being taken to the principal's office and given detention the school officials decided to have him prosecuted under a New Mexico law that makes disrupting school activities a misdemeanor.
The federal 10th circuit court of appeals in a 2-1 decision, ruled that the arrest was justified and the officer and educators are immune to any lawsuit Here is the court's 94 page decision: http://www.ca10.uscourts.gov/opinions/14/14-2066.pdf
The dissenting judge wrote a 4 page dissent stating that trivial interference doesn't count as a crime, and that there must be "a more substantial, more physical invasion" of school operations as well as proof that the student more "substantially interfered" with the "actual functioning" of the school.
A seventh grader at Cleveland Middle school in Albuquerque, New Mexico "burped audibly" resulting in his teacher calling the school resource officer, who in turn called the police to have him arrested for "interfering with public education." The kid was handcuffed and taken to the detention facility.
Apparently he is some sort of class clown and kept faking belches even after being sent out into the hall but instead of being taken to the principal's office and given detention the school officials decided to have him prosecuted under a New Mexico law that makes disrupting school activities a misdemeanor.
The federal 10th circuit court of appeals in a 2-1 decision, ruled that the arrest was justified and the officer and educators are immune to any lawsuit Here is the court's 94 page decision: http://www.ca10.uscourts.gov/opinions/14/14-2066.pdf
The dissenting judge wrote a 4 page dissent stating that trivial interference doesn't count as a crime, and that there must be "a more substantial, more physical invasion" of school operations as well as proof that the student more "substantially interfered" with the "actual functioning" of the school.
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