Violating Fourth Amendment Rights

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7^th Circuit Court of Appeals

Case Name: Sarah Thomas v. Neenah Joint School District

Case No.: 22-2527

Officials: Hamilton, Kirsch, and Pryor, Circuit Judges.

Focus: Violating Fourth Amendment Rights

C.S., who has developmental and cognitive disabilities, including autism spectrum disorder, attention deficit hyperactivity disorder, and obsessive-compulsive disorder, faced a distressing incident. While, in 6^th grade, and while attempting to use the hallway elevator, C.S. was stopped by a teacher but did not comply. Subsequently, three staff members resorted to forceful measures by pinning her face down on the floor, handcuffing her hands behind her back, and later binding her legs before returning her to her wheelchair. This restrictive and distressing situation lasted for 34 minutes until C.S.’s mother, Sarah Thomas, decided to take her home. Thomas also claimed that, days later, C.S. may have scratched or grabbed another student, resulting in her being required to eat lunch in the school office. Unfortunately, C.S.’s emotional state became anxious and dysregulated, leading to staff responding with similar aggressive force and even calling the police.

The District sought to prosecute C.S. as a juvenile delinquent, but the charges were dropped after she was found not competent to stand trial. C.S.’s brother, A.S., had previously attended the same school, and charges were requested against him as well following an incident. However, his prosecution was also dropped due to a finding of incompetence to stand trial.

Thomas alleged (42 U.S.C. 1983) that the District had a “practice or protocol of utilizing excessive punitive and retaliatory force or threats of force to punish students with behavioral disabilities.” Nonetheless, the Seventh Circuit affirmed the dismissal of Thomas’s lawsuit, as she failed to plausibly establish a widespread custom or practice of violating disabled students’ Fourth Amendment rights.

Affirmed.

Decided 07/20/23

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