Father Arrested for Picking His Children Up From School | The Compost Bin | Forums

some more background

The parent arrested on a charge of disorderly conduct while attempting to pick his children up from South Cumberland Elementary School last year has filed a federal lawsuit seeking compensatory and punitive damages. He is also asking the court to instruct school personnel to allow him to pick his children up from school when he chooses.

The lawsuit stems from an incident that occurred Nov. 14, 2013, at South Cumberland Elementary School, following a change in school procedures for parent pick-up that led to long lines of traffic and extended waiting times as the new procedures were put into place. A video of the arrest was made by Amanda Long, Howe's then-fiancée and now wife, and Howe posted it to YouTube and it was shared on social media, going viral.

The suit, filed by James Howe, alleges false arrest, malicious prosecution, excessive force and retaliation for exercise of First Amendment rights, and seeks punitive damages of $1 million, and additional punitive damages of $100,000 for false arrest. The suit also alleges denial of the fundamental right to care and control children.

Defendants named in the suit are Avery Ayets, deputy with the Cumberland County Board of Education serving as School Resource Officer at South Cumberland Elementary; South Cumberland Elementary; Principal Darrell Threet; Cumberland County Sheriff's Department; Director of Schools Donald Andrews; Cumberland County Board of Education; and Cumberland County. The suit was filed Aug. 15 in U.S. District Court for the Middle District of Tennessee. 

According to the lawsuit, Howe arrived at the school Nov. 12 to pick up his children and noted the new pickup system had resulted in congestion and long lines of traffic lining up along Lantana Rd. on the shoulder.

"Rather than add to the chaos and traffic congestion, Mr. Howe parked his vehicle in the school overflow lot as he had been doing for years, exited his vehicle and walked to the front of the school," the suit states. There, the suit states Aytes met Howe, who asked for his children to be released to him, but Aytes refused. Howe then says he attempted to give permission for a friend who was near the front of the line of cars to pick up his children, but Aytes again refused and ordered Howe to return to his vehicle and get in line. Howe complied.

The next day, Howe said he contacted Sheriff Butch Burgess to discuss the "Lantana Rd. Policy," as the new student pick-up procedures are called in the suit, speaking with him several times prior to the incident on Nov. 14.

"Over the course of these discussions, they discussed that, as an alternative to waiting in the line of cars, Mr. Howe could simply walk to the school and pick his children up on foot, leaving his truck out of the equation all together," the suit states. "Sheriff Burgess approved this plan over the telephone and said that it was a good idea and that he wished that more parents would do the same thing because it would reduce the amount of traffic congestion and delay."

Howe also says he told Burgess of his concerns Aytes would arrest him for not complying with school procedures and the "Lantana Rd. Policy."

On Nov. 14, Howe walked to South Cumberland Elementary, entered the school office and asked for his children. He says he was confronted by Aytes, who said Howe could not have his children. 

"Mr. Howe calmly attempted to explain that he had a legal right to have his children back once school had been dismissed for the day," the suit states.

The school offered a release form which would have authorized the school to release the children to leave school on foot on their own, without parental supervision, but Howe did not wish the school to release his children on their own. He declined to sign the release form. Howe then told Aytes that, in his legal opinion, he had the right to have his children back within a reasonable time after school dismissal.

Principal Darrell Threet entered the office during the exchange and was aware of the dispute, the suit states. 

Aytes then arrested Howe on the charge of disorderly conduct. The affidavit of complaint signed by Aytes stated Howe was "making unreasonable noise, arguing, being disruptive, refusing to follow rules. His actions prevented others from carrying on lawful activities."

Howe contends Aytes purposely tightened the handcuffs greater than was necessary in order to inflict injury and pain, and that the arrest had no lawful basis.

"To attempt to justify the arrest, Deputy Aytes then charged Mr. Howe with the Tennesse state law crime of 'Disorderly Conduct,' ... Mr. Howe did not make an unreasonable noise which prevented others from carrying on lawful activities on either Nov. 12, 2013, or Nov. 14, 2013."

Howe posted $300 bond the same day and after being taken into custody. The charge was dismissed in January.

Howe says that the school system has insisted on maintaining the "Lantana Rd. Policy" since this time, and continues to refuse to release children to parents who do not comply with the policy. 

"In essence, the Lantana Rd. Policy holds children hostage after the end of the school day, using the threat of an arrest by Deputy Aytes to force parents to comply with the Lantana Rd. Policy. If parents refuse to comply with this dangerous and inefficient Lantana Rd. Policy, their children are held captive by the school," the suit states. 

Following the incident on Nov. 14, the school system did make changes to the traffic flow at the school to reduce the number of cars waiting on the shoulder of Lantana Rd. to enter the school parking lot. In December, it was reported waiting time from entering the line to picking up a student and exiting the parking lot was about 15 to 16 minutes. 

Howe contends in the suit he was arrested without probable cause of any criminal offense and that Aytes was aware he lacked basis for arrest Mr. Howe.

The suit also states Aytes had not completed a 40-hour training program for school resource officers, something the agreement between the school system and the Sheriff's Department required.

"This training would have taught Deputy Aytes that an SRO's primary function is education and safety, and that while an SRO can serve in a law enforcement function under appropriate circumstances, arresting a parent simply for expressing an opinion about his rights is illegal and inappropriate."

Howe also contends Burgess took no steps to prevent Aytes' misconduct, though Howe had shared his concerns with him prior to the incident.

Howe says his damages include deprivation of his liberty, having to post a bond, emotional distress, reputational damage and that he suffered economic losses due to the arrest in the form of lost earnings. Howe also says the use of excessive force, by over-tightening the handcuffs, caused him to suffer pain and injury.

Howe requests a jury trial to hear the case. 

The suit was filed by Nashville attorney Kyle Mothershead. 

On Friday, Sept. 26, attorneys for both the school system and Cumberland County said they had not been served notice of the suit.

http://www.crossvill.....1c075.html