The dismissal of a lawsuit filed against the Irving School District by the father of a child whose homemade clock was mistaken for a bomb. It was alleged that the child’s civil rights were violated when the police charged with the making of a “hoax bomb.” The federal complaint also addressed the issue of taking the child into custody and later dropping the charges. Since it has been determined that the boy and his father are able to amend their lawsuit, they have until June 1 to make changes. For that reason, it is likely that their claim has not ended there.
So the clock ticks and it is likely that a new lawsuit would be filed. The student knew it was not a bomb, never threatened anyone and he never said it was one or alarmed anyone. The lawyer further added that “despite all of those things, they yanked him out of his chair, put him in handcuffs and arrested him. There was no cause for arrest.”
The court rationale in the ruling was that Principals are responsible for the safety of the students and others on campus. Part of that included making decisions for students and in the prospect of death. The school now faces a lawsuit based on the Equal Protection Clause of the U.S. Constitution and Title VI of the Civil Rights Act of 1964. The Judge dismissed the lawsuit indicating that there was no religious or racial discrimination. “Plaintiff does not allege any facts from which this court can reasonably infer that any IISD employee intentionally discriminated against A.M. based on his race or religion,” the Judge wrote in his ruling. This is one reason why facts need to be pleaded properly. In a difficult case, the need of the students and their safety must be weighed against religious and racial profiling. This is the same boy that Obama once applauded and now is being dismissed in a Trump’s America. Mohamed was a 14-year-old freshman when the incident happened at his high school in September 2015. The charge against Mohamed was dropped, and the boy gained public support from President Obama, who invited him to the White House after saying that “we should inspire more kids like you to like science.”
This case also stands out at a time where guns are being touted as a preferable option for teachers, rather than disarming students. Schools are being challenged by safety and individuals and what needs to be placed first. What messages are schools really sending out and how does this later affect people in other levels of society and community at large? A decision will impact that level of reach.
The Judge, in his ruling, stated that there was a failure to prove that the arrest violated his Fourth Amendment rights against unreasonable search and seizure. The suit also questioned the motivations of the Principal when he and an Irving police officer removed the young boy from his classroom. The decision addresses talk of unnecessary risks and constitutional rights. What we really will find out in all of this is: where does America truly stand?
https://www.dallasnews.com/news/irving/2017/05/19/judge-dismisses-clock-boy-ahmed-mohameds-suit-irving-isdSuper Lawyers named Chicago right of publicity attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, noncompete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes. Our Streamwood and Mt. Prospect business dispute lawyers, civil litigation lawyers, and copyright attorneys handle emergency business lawsuits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist Chicago and Oak Brook area businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll-free number (877) 990-4990. You can also contact us online here.