The Etiwanda School District office in Rancho Cucamonga, CA., Wednesday, October 11, 2017. (Staff photo by Jennifer Cappuccio Maher/Inland Valley Daily Bulletin/SCNG)
By Beau Yarbrough | [email protected] | Inland Valley Daily Bulletin
Published: September 10, 2018 at 7:01 pm | Updated: September 11, 2018 at 2:39 pm
A San Bernardino County sheriff’s deputy violated the Fourth Amendment rights of a group of Etiwanda Intermediate students when he arrested them because he thought they were uncooperative in a bullying investigation, a federal appeals court ruled Monday, Sept. 10.
“The summary arrest, handcuffing, and police transport to the station of the middle school girls was a disproportionate response to the school’s need, which was dissipation of what the school officials characterized as an ‘ongoing feud’ and ‘continuous argument’ between the students,” Judge Jacqueline H. Nguyen wrote in the opinion for the 9th U.S. Circuit Court of Appeals’ three-judge panel.
“No reasonable officer could have reasonably believed that the law authorizes the arrest of a group of middle schoolers in order to teach them a lesson or to prove a point,” the opinion said. The case goes back to Oct. 8, 2013, when a group of seventh-grade girls, ages 12 and 13, were handcuffed, arrested and driven from the school to the police station.
Balbina Kendall, then the school’s assistant principal, had asked the school resource officer, San Bernardino County sheriff’s Deputy Luis Ortiz for help with a group of girls who had been involved in bullying and fighting at school.
The seven girls were put in a classroom together. According to Nguyen’s opinion, Ortiz intended to verify what he had been told about the incidents by school administrators, but found the girls “unresponsive and disrespectful.”
According to the court, an audio tape has some whispering and quiet giggling from some of the girls. The two girls who appear to have been the aggressors in the bullying, told Ortiz that they would not stop their behavior. But the other girls didn’t say anything until after Ortiz had started making arrests and asked if they needed to be handcuffed.
Ortiz told the girls he was arresting them because he was not “playing around” and was taking them to jail to “prove a point” and “make (them) mature a lot faster,” according to the opinion.
He did not care who was at fault, he told the girls, because it was the “same ticket, same pair of handcuffs.” According to the mother of one of the girls, Kendall said it was school policy to suspend any student involved in a fight, regardless of who was at fault.
The San Bernardino County Sheriff’s Department declined to comment on Tuesday, with a spokeswoman citing “continuing mediation and litigation.”
Ultimately, the school did not discipline any of the seven girls, and no criminal charges were filed.
The Fourth Amendment to the U.S. Constitution protects the public from “unreasonable search or seizure” or arrest without probable cause.
“The district follows its discipline policies and the California Education Code with respect to student discipline,” Etiwanda School District Superintendent Shawn Judson wrote in a statement.
To read expanded article, click here.
Wonder how much this will cost us? I bet McMahon promotes this Deputy. What fool would fight this case on the logic used in the first place?
Little shits had it coming.
The deputy had no authority to arrest these girls during a non-costodial interrogation. So Chris, is the US Constitutional fundamental Bill or Rights less important to you, while you prefer the deputy to BULLIE these girls. I opt for the Fourth Amendment rights of these girls. It’s a precedent, so that means all school girls are protected from overzealous police bullies.
@Hunter. The girls being bullied by these smart ass girls also have a right to go to school without having to put up with others who have no respect. Problem is schools can’t do shit to them so the “police bullies” are called and expected to clean up the schools mess they can’t handle. Now some parent who did not raise their brats with respect are going to sue. WTF. Go preach your “ non custodial interview” to someone who cares. I sure don’t.
Oh Chris I can’t believe you said what you did as if it is some kind of real life defense. I doubt we would see any terminology you used in the police report or Court transcripes.
First off the School has full authority to suspend or expel bullies if they can show good cause. To think a school like this don’t have strict policies in light of all the shootings that have occurred the last decade as a result of bullying would be ineptness at the highest level.
But the public has learned recently that schools have no problem dropping the ball themselves or expecting the police to do something the school itself won’t. That’s usually for two reasons. The school doesn’t want any potential liability from the parents and figure by the cops taking action they are legally exempt from liability.
The well known COVER YOUR ASS call the police. NUMBER 1 standard SOP for the schools and CPS. Abused beyond words.
If the cops are called then the LE Agency has the FINAL word on what action will be taken if any. Some of us know School Administrators do call the police and then attempt to tell the police what they will or won’t do. Yes Administrators trying to control the police too. Imagine that. NOT saying this is the case here,
But the cop can say NO crime, or insufficient evidence to arrest and the School can handle it administratively which is easier to do in most cases than prosecute.
However if the cop had a case he should have taken those involved to the station did the required paperwork which is extensive, issued citations to the kids and the parents citing them into Juvenile Court. It can be done at the school and may be better and avoid a custodial issue all together.
The other option was do a crime report and submit it to the Juvenile DA for review and further action WITHOUT arresting the kids. NO LIABILITY in any of that.
Unless things have changed, a cop CANNOT get a kid booked into Juvenile Hall unless they are involved in a violent Felony in most cases. So that scare tactic has been bogus for a long time. If that has changed and the Hall takes all offenders, that’s great.
I’d love to know how often parents are cited or arrested by the police for “lack of parental supervision” under the PC 270 sections that come into play on party and curfew calls? I know it’s a lot of paperwork for some.
Most likely the parents have responsibility in this case but those tasked with enforcing the rules apparently FAILED themselves allowing the inept parent to collect taxpayer money.
So WHO is the dummy this time???
It’s 2018 and lots of exposure for the cops these days. If you’re a cop and not paying attention to that the JOKE is on you.
Going to be a School Resources Officer KNOW the Education Code and Penal Code and most important KNOW if your bosses are going to play politics with the LIBERAL School Administrators and throw your butt under the bus if they whine.
Arrest the adult or juvenile offenders or WALK away and try to BS them into compliance another day.
So Chris, federal court interprets there was an overzealous cop who did in fact violate fundamental Bill of Rights of minors. The judgment of the deputy was is in question. He or she should be canned. The deputy is liabilities to taxpayers and the county. This cop is ignorant or just plain an rebel cop. Oh, did I mention them minors were seazed unlawfully and detain without commiting any crime. The school, parents and educational needs to deal with their own problems.
I think they believe this too and the confinement and unlawful movement of these minors is deplorable.
Someone tell me this Deputy is not related to Pete Ortiz?
#5 those girls being bullied had a expectation the school and the police would do their job correctly. So much for having faith in the system.
This is funny with Chris from the High Desert. Same Chris who made serious predictions Mike Ramos would win the election by 60% if Anderson didn’t get more signs up in the high desert? Sure hope this isn’t retired Sheriff’s Seargent Chris Elvert. Could get ugly if he continues to make thoughtless comments.
@ 10. So after I commented about Anderson’s lack of signs they popped up all over the High Dez and wtf Anderson won. I’m really scared now that it “ could get ugly”. I better go hide under my bed before the blog tools come get me for a friggin opinion! You friggin Lop!
Elvert you shouldn’t call people lops.
#11 Mike Ramos and his friends had the same attitude as you. Wonder where they went?
#11 must be hiding under the bed. Normal for SBSD employees.