The parents of a differently-abled 10-year-old filed a legal claim after a Jefferson Parish Sheriff’s deputy choked their son, who was acting out as a result of a crisis caused by his diagnosed mental health disorder.
The Louisiana elementary student believed he was going to be killed by the officers, further elevating his anxiety, the lawsuit alleges.
Atlanta Black Star obtained the federal lawsuit filed Monday, May 9, by Ashley Hutchinson-Harper and Terry Harper on behalf of their son (whose name is being withheld because he is a minor) against the Jefferson Parish School Board and the Jefferson Parish Sheriff’s Office.
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The claim is in response to an incident on May 13, 2021, when the parents say their child, only identified as J.H., was bullied in the Congetta Trippe Janet Elementary School, triggering his disorder to an unmanageable degree.
The Harpers believe both parties violated their son’s civil rights and the Americans With Disabilities Act.
J.H. was diagnosed with ADHD Combined Type, Oppositional Defiant Disorder, Mood Disorder, and Emotional Outburst, the claim says.
The lawsuit claims on the day in question the fifth grader got into a violent altercation with classmates, adults, and ultimately a Jefferson Parish deputy in response to being bullied by another student and being blamed as a disruptor in the class by his teacher.
The couple is seeking injunctive relief, declaratory relief, and damages from both defendants.
While in class on May, 13, 2021, the filing claims, J.H. was being bullied, bothered, and taunted by another student. It further states the teacher allowed it “to escalate to the point where J.H. began breathing heavily and yelling because he was so frustrated and angry.”
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