Investigation of Child Shackling Policy of Local Sheriff’s Department
Drinker Biddle under the auspices of the Barbara McDowell Foundation and the Legal Aid Justice Center (“LAJC”) of Charlottesville, Virginia were investigating whether to file a federal district court case in Virginia to overturn a sheriff department policy requiring the use of restraints whenever transporting people with a mental disorder unless the “physical condition would not warrant the use of restraints.” The plaintiff bringing the claim was a nine-year old boy who was handcuffed and shackled by sheriff deputies and chained to the inside of a van while being transported from a Community Services Facility to a local hospital seventy miles away. The child was being transported after suffering a mental health crisis. At the time of the placement of restraints the child was awakened from his sleep and did not appear to be a danger to anyone, including himself. The child, who had a history of emotional disorders, suffered severe trauma because of the placement of restraints.
The case raises important issues concerning children’s rights to be free from such restraints without regard to the child’s age, mental condition, and physical condition. There is wide-spread concern by social justice organizations to challenge such conduct with respect to children by law enforcement agencies. The case was to be brought under Section 1983 for violation of the child’s constitutional rights under the Fourth Amendment to be free from unlawful seizure accomplished through excessive force and the child’s rights under Title II of the Americans with Disabilities Act for discriminating and failing to accommodate an individual with a mental disability.
After drafting the complaint and finding an expert to evaluate the nine-year old plaintiff, the plaintiff’s mother and doctor became concerned that the expert’s evaluation itself and the plaintiff’s necessary involvement in the litigation may result in further trauma to the child. Accordingly, authorization to bring the action on behalf of the child was withdrawn.
Drinker Biddle and LAJC continue to believe strongly that the Sheriff’s restraint policy is misguided and continues to cause harm to children with mental health disorders. Accordingly, Drinker Biddle and LAJC are monitoring the situation and looking for opportunities to attack the policy under the appropriate circumstances.