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Judge: Birmingham PD use of pepper spray to enforce 'basic school discipline' is unconstitutional
wfsa ^ | 9/30/2015 | Brianne Britzius

Posted on 10/01/2015 6:38:26 AM PDT by from occupied ga

A federal judge has ruled that they way in which Birmingham police uses pepper spray "to enforce basic school discipline" is unconstitutional.

The court found that police used excessive force in reaching for the chemical spray to "deal with 'normal -- and at times, challenging -- adolescent behavior.'"

The ruling does not keep police officers from using pepper spray in violent situations like a fight. The ruling listed several things the police department and school system must have ready by November 15, including developing a new training procedure and decontamination process for the pepper spray. School resource officers and police must also create a one-page flyer discussing the spray and how to get relief from the spray. These flyers must be displayed at schools and online.

This lawsuit was brought against the Birmingham Police Department by the Southern Poverty Law Center (SPLC). U.S. District Court Judge Abdul Kallon heard testimony in the case earlier this year. 

“This is great a victory for students and their families in Birmingham, and it sends a strong message to school officials across the country that it’s time to stop treating schoolchildren like they’re criminals,” said Ebony Howard, the SPLC’s lead attorney in the case, said in a statement. “The judge recognized that this is a disturbing case and the current system is flawed.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: pepperspray; police; school; students
Oh NO. The police can't just pepper spray students for smart mouthing or just when they feel like it. WHAT'S THE WORLD COMING TO?
1 posted on 10/01/2015 6:38:26 AM PDT by from occupied ga
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To: from occupied ga

“Talk to the hand...”

(pssssssst)

“Hieeeee, my eyes....!”


2 posted on 10/01/2015 6:48:23 AM PDT by moovova
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To: moovova

Or, better yet...


“Whatever, dude.”

(pssssssst)

“Hieeeee, my eyes....!”


3 posted on 10/01/2015 6:50:14 AM PDT by moovova
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To: from occupied ga

I am a retired correctional officer. Using pepper spray punishes and affects everyone in the vicinity, even the totally innocent. And it gets in the ventilation system and is distributed throughout the building. Unless it’s a riot, I am against using it in a general population area.


4 posted on 10/01/2015 6:58:39 AM PDT by ryderann
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To: from occupied ga
How are the students supposed to learn to respect authority if the authorities quit spraying liberally?

/johnny

5 posted on 10/01/2015 7:05:05 AM PDT by JRandomFreeper (gone Galt)
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To: from occupied ga

Can’t hit them with billy clubs any more. Now they can’t use pepper spray. Sounds like the only option is to pull their weapons and start shooting.


6 posted on 10/01/2015 7:12:44 AM PDT by PAR35
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To: PAR35
Can’t hit them with billy clubs any more. Now they can’t use pepper spray. Sounds like the only option is to pull their weapons and start shooting

What's a cop to do? When you really want to hurt someone, and you have this big mass of smart mouthed students AND YOU CAN'T DO WHAT YOU BECAME A COP TO DO, it must get really frustrating.

7 posted on 10/01/2015 7:17:54 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: JRandomFreeper
learn to respect authority if the authorities quit spraying liberally?

Maybe they'll just shoot and kill a few.

8 posted on 10/01/2015 7:18:42 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga

How about yanking them up by the scruff of the neck, hauling them off to the woodshed and paddling their behind!


9 posted on 10/01/2015 7:20:20 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Grams A

Chile abuse!


10 posted on 10/01/2015 7:23:43 AM PDT by Uncle Miltie (We must first defeat RINOs before we can even encounter a Democrat to fight)
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To: Grams A
How about yanking them up by the scruff of the neck, hauling them off to the woodshed and paddling their behind!

The same thing that's wrong with any unilateral arbitrary application of punishment - the presumption of guilt. This is kind of opposite to the founding fathers' ideas, but just in line with what government today wants.

11 posted on 10/01/2015 7:25:41 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga

Good grief. Pepper spraying other people’s children in the name of education. If minors are acting that badly in school, expel them.


12 posted on 10/01/2015 7:29:55 AM PDT by SaraJohnson
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To: PAR35

Unfriend them!


13 posted on 10/01/2015 7:43:05 AM PDT by Resolute Conservative
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To: SaraJohnson
It takes a lot of conditioning to change from this

to this

Fortunately for the government There is a large segment of the population (0bama voters) that has already renounced the first image.

14 posted on 10/01/2015 7:47:30 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Uncle Miltie

Check out the Judge!

https://en.wikipedia.org/wiki/Abdul_Kallon

Can’t come up with a photo but he was born in Sierra Leone and appointed by Obola.


15 posted on 10/01/2015 7:54:09 AM PDT by vette6387
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To: from occupied ga

You mean you never got hauled off to the vice principal’s office for a paddling in high school?

Yeah, I didn’t either, but I was well-behaved enough as a result of home life that it wasn’t necessary. But it did used to occur at the two high schools I attended, there was not generally a municipal court involved, and those who received it seemed generally deserving. And schools were more orderly then.

The real issue is that we don’t kick people out of school for misbehavior, as the money per student per day from state and Federal sources is too lucrative to allow it. Plus you get SJW types like the SPLC involved if you do it.

The overall result is disorderly schools where not a lot of learning happens. The real victims are those who came to learn, and not party, socialize, and smart off to teachers.


16 posted on 10/01/2015 8:01:30 AM PDT by FreedomPoster (Islam delenda est)
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To: FreedomPoster
You mean you never got hauled off to the vice principal’s office for a paddling in high school?

No - I once got punched in the face by a teacher because the guy next to me knocked over a pile of papers I was talking to him as I helped him pick them up. The asshole that punched me died of a heart attack a couple of years later. I remember being sad that would never be able to take a baseball bat to him.

17 posted on 10/01/2015 8:23:43 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga

Do I understand correctly that you don’t believe that spanking should be an option?


18 posted on 10/01/2015 9:14:29 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Grams A

Absolutely


19 posted on 10/01/2015 9:23:41 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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