ILNews

Justices take 5 cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.

Justices granted transfer to K.W. v. State of Indiana, 49S02-1301-JV-20, one of five cases the Supreme Court agreed to review in the week ending Jan. 11. Transfer was denied in 17 cases. The transfer dispositions may be viewed here.

K.W. was a 15-year-old Ben Davis High School student in Indianapolis when he and another student faced off with fists raised indicating they were about to fight. A teacher broke up the confrontation, and school liaison officer Eugene Smith, who serves as an Indianapolis Metropolitan Police Department officer employed by the school, later placed a handcuff on one of K.W.’s wrists, but the student pulled away.

Smith then initiated a “straight-arm takedown” and struggled with the student and sustained injuries in the process. After a hearing, K.W. was adjudicated a delinquent child on a charge of Class D felony resisting law enforcement when committed by an adult.

The Indiana Court of Appeals reversed in a unanimous opinion written by Judge Edward Najam, holding that a school resource officer is not a performing official duties of a law enforcement officer under the resisting statute, therefore Indiana Code 35-44-3-3 may not apply.

The justices also granted transfer in these cases:

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT