Lawsuit claims 8-year-old was assaulted and denied constitutiona

Lawsuit claims 8-year-old was assaulted and denied constitutional rights

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"They've made our problems, his problems worse for not telling us things that would have helped us and that were federally guaranteed to us," said Greg Hoskins. "They've made our problems, his problems worse for not telling us things that would have helped us and that were federally guaranteed to us," said Greg Hoskins.

By STEPHANIE BEECKEN
6 News Reporter

CROSSVILLE (WATE) - Parents of an elementary school student are suing saying their son, who was eight at the time, was handcuffed in school.

The incident happened just over a year ago when the boy was sent to the Phoenix School, an alternative school in Crossville.

In the federal lawsuit, the parents of the boy are suing the Cumberland County Board of Education, a school resource officer and five individuals who work for the school system.


Read the Lawsuit


The suit states that the plaintiff's fourth and fourteenth amendments were violated. The parents say the defendants were negligent, inflicted emotional distress and assaulted their son.

Greg Hoskins says he has a box of evidence proving his case. He says since kindergarten his son has been very nervous to go to school and in 2009 was diagnosed with separation anxiety.

"It was diagnosed that he was allergic to antibiotics, had some ear infections and it would worsen his situation," said Hoskins.

Hoskins says for two years he met with South Cumberland Elementary School officials telling them about the diagnosis and asking for assistance to get his son to go to and enjoy school.

"We met with people who were in charge of telling us what we could do and what we had rights to and they never told us anything they were just telling us to get them in the school and that they would handle it," said Hoskins.

According to the lawsuit, last year South Cumberland school officials said the boy had to go to Phoenix School.

"Told me and my wife that our child had to attend the alternative school for three days for pulling away from a teacher because she was trying to drag him down the hall to class," said Hoskins.

Hoskins says at Phoenix School the boy got in trouble again for not wanting to participate in gym class. He was told by school officials his boy was in handcuffs.

"We were there for 40 minutes standing right beside him and he was still handcuffed. I was in shock. I was amazed I didn't act worse than I did," said Hoskins.

Hoskins says he explained his son's medical diagnosis to the principal of Phoenix and that's when he was told of a "Section 504 Plan" under the Americans with Disabilities Act which requires that the need of students with disabilities be met.

"They've made our problems, his problems worse for not telling us things that would have helped us and that were federally guaranteed to us," said Hoskins.

Hoskins son is now taking classes online.

6 News left messages requesting a statement from all the defendants listed in the suit. As of Thursday evening, no one has returned our call.

The suit seeks $500,000 both damages and punitive damages and more for government negligence.

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