A video showing a Kentucky school resource officer handcuffing an 8-year-old boy with attention deficit hyperactivity disorder was released by the ACLU Monday as part of a federal lawsuit alleging excessive force and discrimination.
The lawsuit accuses Kevin Sumner of handcuffing the boy and a 9-year-old girl in the fall of 2014. According to the complaint, Sumner handcuffed the two children behind their backs and placed the restraints on their biceps.
“As a result of being subjected to unnecessary and excessive handcuffing, plaintiffs experienced pain, fear, and emotional trauma, and an exacerbation of their disabilities," the ACLU alleges in the lawsuit.
Also named in the lawsuit is the Kenton County Sheriff’s Office and Sheriff Charles Korzenborn for failing to establish policies, practices, and training for officers stationed at schools.
The video shows a man identified by the ACLU as Sumner handcuffing a third-grade boy, who the advocacy group says has been diagnosed with ADHD and weighed 52 pounds at the time of the incident.
“You don’t get to swing at me like that,” an officer is heard saying on the video as he handcuffs the crying student.
“Ow. That hurts,” the third-grader says.
The boy, identified only as S.R., was handcuffed for 15 minutes, according to the lawsuit, which does not name the school out of privacy concerns for the children.
The 9-year-old girl was handcuffed after Sumner said she tried to assault him. The student, identified as L.G., was handcuffed and kneeling on the floor for about 30 minutes, according to the lawsuit.
Col. Pat Morgan, a spokesperson for the Kenton County Sheriff's Office, did not immediately respond to a request from BuzzFeed News for comment. However, he told the Huffington Post that the office was waiting for attorneys to review the lawsuit before commenting.
The lawsuit was filed by the ACLU, Dinsmore & Shohl LLP, and the Children’s Law Center.