Punishment Upheld for Kindergartner Who Imagined Finger as Gun

AP ^ | June 22, 2003

[sarcasm]

AYREVILLE, N.J., June 21 — The Sayreville school district did not violate the civil rights of a kindergartner it suspended three years ago for pretending his hand was a gun and threatening to shoot his friends as they played during recess, a federal appeals court has ruled.

The ruling, issued Thursday by the United States Court of Appeals for the Third Circuit in Philadelphia and first reported in The Home News Tribune of East Brunswick, affirmed a federal court decision last year. In that decision, a Federal District Court in Newark had dismissed a lawsuit filed by the boy's parents.

The parents, Scot and Cassandra Garrick, sued the school district after their son and three other pupils at Woodrow Wilson Elementary School were suspended for three days after an incident on March 15, 2000.

The children were playing at the time, pretending that their fingers were guns and saying to one another, "I want to shoot you." Their words were overheard by classmates, who told teachers.

The suspensions, part of the district's "zero tolerance" policy on violence, came just two weeks after a Michigan first grader killed a classmate with a handgun he had taken to school.

The Garricks were the only parents to bring a civil suit against the district. They sought unspecified damages and wanted the suspension removed from their son's permanent record. The Garricks enrolled their child in private school after the incident.

The court ruled that the district had not violated the Garrick boy's rights to free speech and due process. It said there must be a balance between the "freedom to advocate unpopular and controversial views in the classroom" and "society's countervailing interest in teaching students the boundaries of socially appropriate behavior."

The superintendent of schools, Dennis Fyffe, called the ruling a victory for the district.

"These students were suspended under the school policy that deals with general school behavior," Mr. Fyffe told The Home News Tribune. "This was not cops and robbers."

Nisha N. Mohammed, a spokeswoman for the Rutherford Institute, a conservative Virginia-based nonprofit group that is representing the Garricks, said the parents were outraged by the ruling and were determined to appeal.

[Mo1]

The superintendent of schools, Dennis Fyffe, called the ruling a victory for the district.

Not really .. especially when parents stop sending their kids to public schools because of crap like this ..

[waterstraat]

This kid should be punished in a way that meets his crime:

Since he "pretended" to have a gun, then they should "pretend " to make him stay after school or "pretend" to have him sit in the corner.

[TomGuy]

The children were playing at the time, pretending that their fingers were guns

kindergartners suspended for that?

Ridiculous.
Wrong finger. Wrong use.
To the Sayreville school district and the United States Court of Appeals for the Third Circuit in Philadelphia :

[gcruse]

A finger gun? Geeze!

If you let them use finger guns,
the next thing you know, some
kid will be pointing fish sticks
at innocent onlookers.  It has
to stop now!

[RightField]

Wasn't there also an incident recently where a boy was suspended for drawing a picture of a gun in school?

I homeschooled!! And we're taking the youngest, now 16, for shooting lessons this summer. I know we're late in getting started, but he'll be a fast learner.

[Coleus]

I wonder if the Rutherford Institute helped them out or not.

[Calpernia]

Not that I'm adding too much here; but, I was at Discovery House (children's hands on museum in East Brunswick) 3 days after this incident with my children. Woodrow Wilson Elementary had a class there for a school trip at the same time.

I spoke to some of the parents and teacher about this. The children were only playing at recess. Reinacting some in vogue cartoon. On paper it is referred to as Cowboys and Indians; however, I think it was Power Rangers.

How can anyone possibly teach children they can't reinact their shows?

[ladylib]

Our NJ county paper had a nice article on homeschooling this week.

One mother is an adjunct professor at William Paterson(I believe it's William Paterson) and one father is an administrator at Columbia University.

The impression I got is that they are homeschooling for reasons other than academics.

[DannyTN]

"The impression I got is that they are homeschooling for reasons other than academics. "

According to CBS they must be child abusers.

[DannyTN]

Support the right to own and bear arms......
Literally... arms, hands, fingers...

[DannyTN]

Got a permit for that finger?

[Snuffington]

The Sayreville school district did not violate the civil rights of a kindergartner it suspended three years ago for pretending his hand was a gun and threatening to shoot his friends as they played during recess, a federal appeals court has ruled.

Is there some court that can rule that they violated the laws of common sense, and confine them to live on an island somewhere so us normal people can be spared their company? At least for a while?

[Dan from Michigan]

Pathetic. Schools are turning into a bunch of pansies.

How many kids haven't used the finger as a gun.

[Ches]

Bang!

[Bobby777]

How many kids haven't used the finger as a gun.

quick! write down their names ... we've got to turn them in ...

just kidding ... people are so freakin' paranoid ... at the point one feels threatened by a kid pointing his finger, it's time for a little analysis and some prescription pills ...

[HoustonCurmudgeon]

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. " ~ Albert Einstein (1879-1955) ~

[DannyTN]

"just kidding ... people are so freakin' paranoid ... at the point one feels threatened by a kid pointing his finger, it's time for a little analysis and some prescription pills ... "

But how do we get the teachers on Ritalin?

[DeFault User]

SAYREVILLE, N.J

I don't know where Sayreville, NJ is. But they must have an elected school board. Doesn't this kind of crap make the local news? Wouldn't sane people in the district laugh the principal out of town or raise a ruckus with the board?

Evidently not. Therefore, they deserve what they've got.

[Bobby777]

make 'em watch Gigli and Madonna's Swept Away over and over ... that oughta do it ... but it may be against the Geneva Convention ...

we'll have to use the Leroy Neiman paintings ... hehe

[DannyTN]

Except for knowing a little about Madonna, I have no clue what you are talking about.

And somehow I feel grateful for that. LOL