Albuquerque, New Mexico: A belch in gym class, then handcuffs and a lawsuit

A belch in gym class, then handcuffs and a lawsuit

Is fake burping in gym class enough to get a school kid arrested? Yes, according to a US federal appeals court, which granted immunity to school officials sued by the kid's family after the 13-year-old was hauled off to juvenile detention in handcuffs. The officer's action was based on a New Mexico misdemeanor law that makes disrupting school activities a crime. In a 94-page opinion, the court backed the arrest, saying the law didn't forbid arresting someone for burping. One judge on the panel wrote a pungent, four-page dissent explaining why that reasoning is wrong. But determining the correct outcome ...

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http://www.stuff.co.nz/the-press/world/82560387/A-belch-in-gym-class-then-handcuffs-and-a-lawsuit

 

Column: A belch in gym class, then handcuffs and a lawsuit

Is fake burping in gym class enough to get a seventh-grader arrested? Yes, according to a federal appeals court, which granted immunity to school officials sued by the kid’s family after the 13-year-old was hauled off to juvenile detention in handcuffs. The officer’s action was based on a New Mexico misdemeanor law that makes disrupting school activities a crime. In a 94-page opinion, the court backed the arrest, saying the law didn’t forbid arresting someone for burping. One judge on the panel wrote a pungent, four-page dissent explaining why that reasoning is wrong. But determining the correct outcome here is ...

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http://www.bendbulletin.com/opinion...-in-gym-class-then-handcuffs?referrer=bullet1

 

Appeals Court Backs School Resource Officer in 7th Grader's Arrest, Handcuffing

A divided federal appeals court has upheld a school resource officer's arrest and handcuffing of a New Mexico 7th grader for disrupting his class with "fake burps." A panel of the U.S. Court of Appeals for the 10th Circuit, in Denver, ruled 2-1 that the officer was immune from liability because it was not clearly established that the student's classroom disruptions were not in violation of a New Mexico law that prohibits interference with the "educational process" at any public or private school. The majority also upheld qualified immunity for the officer regarding his use of handcuffs when he took ...

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http://blogs.edweek.org/edweek/school_law/2016/07/appeals_court_back_school_reso.html

 

A Belch in Gym Class. Then Handcuffs and a Lawsuit.

Is fake burping in gym class enough to get a seventh-grader arrested? Yes, according to a federal appeals court, which granted immunity to school officials sued by the kid’s family after the 13-year-old was hauled off to juvenile detention in handcuffs. The officer's action was based on a New Mexico misdemeanor law that makes disrupting school activities a crime. In a94-page opinion, the court backed the arrest, saying the law didn't forbid arresting someone for burping. One judge on the panel wrote a pungent, four-page dissent explaining why that reasoning is wrong. But determining the correct outcome here is a ...

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http://www.bloomberg.com/view/articles/2016-07-27/a-belch-in-gym-class-then-handcuffs-and-a-lawsuit



Noah Feldman: A belch in gym class, then handcuffs and a lawsuit

The arrest was clearly absurd. Yet it isn't clear that the remedy ... (You can't make this stuff up.) The teacher sent F.M. into the hall, but he continued to interrupt by poking his head back into the classroom and burping some more.

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http://pilotonline.com/opinion/colu...cle_97d4704c-bbc4-5d96-bcb8-a3e7945f1fb6.html

 

Court Rules That Kids Can Be Arrested For Burping In School

In an astounding decision, a federal appeals court has ruled that it was acceptable for an officer to arrest a 13-year-old seventh-grader for burping at a New Mexico middle school. According to a lawsuit filed in the case, the unidentified teen was arrested on May 11, 2011 at Cleveland Middle School in Albuquerque after he “burped audibly” in his P.E. class and was taken to a juvenile detention facility in handcuffs. School officials said the boy interrupted the class by fake burping repeatedly until the teacher sent him into the hall where he continued to interrupt by sticking his head ...

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http://www.copblock.org/163703/court-rules-that-kids-can-be-arrested-for-burping-in-school/

 

Court upholds arrest of Albuquerque student for burping

A federal appeals court upheld the arrest of an Albuquerque student for burping in class on purpose. The incident happened in May 2010 when the 13-year-old belched repeatedly during P.E. class. The teacher made him sit in the hall, but he kept burping and laughing, prompting the teacher to call out the school resource officer. The boy was eventually handcuffed and taken to juvenile jail. His family sued the principal, a teacher and the officer for excessive force and unlawful arrest. The ruling by the tenth circuit court of appeals in Denver is based on state law that prohibits anyone ...

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http://krqe.com/2016/07/28/court-upholds-arrest-of-albuquerque-student-for-burping/

 

Court sides with school over burping arrest

A federal appeals court is siding with school officials after they arrested a Cleveland middle school student for burping in class. The incident happened back in 2011 after the 13-year-old student belched in gym class. He was sent to the hall but continued to disrupt class. The teacher eventually called the school’s resource officer, who arrested the teen, handcuffed him and took him to a juvenile detention center. The teen’s mother filed a lawsuit against three school officials but on Thursday a federal court said the school acted within state law.

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http://www.koat.com/news/Court-sides-with-school-over-burping-arrest/40951646

 

Court rules for middle school, officer in teen's burp arrest

A federal appeals court has upheld the arrest of an Albuquerque student accused of repeatedly disrupting his middle-school class with loud burps. The 10th Circuit Court of Appeals decision was handed down Monday. The judges ruled that the officer and educators named in the lawsuit were entitled to immunity, and the arrest was justified under a New Mexico law that prohibits anyone from interfering in the education process. The student who was arrested was a seventh-grader at Albuquerque's Cleveland Middle School at the time of the 2011 arrest. He is not named in court documents. His mother filed the lawsuit ...

 

Court rules for middle school, officer in teen's burp arrest

A federal appeals court has upheld the petty misdemeanor arrest of an Albuquerque student accused of repeatedly disrupting his middle-school class with loud burps. The 10th Circuit Court of Appeals decision on Monday ruled that the officer and educators named in the lawsuit were entitled to immunity, and the arrest was justified under a New Mexico law that prohibits anyone from interfering in the education process. The student was a seventh-grader at Albuquerque's Cleveland Middle School at the time of the May 2011 arrest. He is not named in court documents. His mother, who also isn't named, filed the lawsuit ...

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http://www.theindychannel.com/news/...or-middle-school-officer-in-teens-burp-arrest

Court rules for middle school, officer in teen's burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://www.wxyz.com/news/national/court-rules-for-middle-school-officer-in-teens-burp-arrest



Albuquerque boy held for burping must digest arrest, court rules

The teacher sent him to the hallway ... stemming from a school official’s decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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https://www.theguardian.com/us-news/2016/jul/30/albuquerque-boy-arrested-burping



Court rules for middle school, officer in teen's burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://www.newsnet5.com/news/national/court-rules-for-middle-school-officer-in-teens-burp-arrest



Court rules for middle school, officer in teen's burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://abc13.com/news/court-upholds-charges-for-teen-who-disrupted-class-with-burps/1450291/



Teen’s arrest for loud burps upheld

The teacher sent him to the hallway ... stemming from a school official’s decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://gulfnews.com/news/americas/usa/teen-s-arrest-for-loud-burps-upheld-1.1871218



Child Arrested, Thrown in Jail for Burping in Class, Court Rules this Police State Madness Justified

The teacher sent him to the hallway ... and took him first to the school’s administrative office and then the juvenile detention center. After being arrested, the child was then suspended for the remainder of the school year. The court also ruled ...

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http://thefreethoughtproject.com/child-arrested-burping-police-state/



Court rules for school, officer years after teen's disruptive burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://www.fox29.com/news/183633799-story



Mother Sues Principal After Son Is Arrested & Suspended For Disrupting Class With Fake Burps

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://www.dreamindemon.com/communi...d-for-disrupting-class-with-fake-burps.85188/



Court rules for middle school, officer in teen’s burp arrest

The teacher sent him to the hallway ... stemming from a school official’s decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

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http://www.mantecabulletin.com/section/142/article/136567/



Court rules for middle school, officer in teen's burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

Continue reading...

http://www.edweek.org/ew/articles/2016/07/30/court-rules-for-middle-school-officer_ap.html



Court rules for middle school, officer in teen's burp arrest

The teacher sent him to the hallway ... stemming from a school official's decision to search the boy in the November after the burp-related arrest. Court documents show the assistant principal who suspected the teen may have been involved in a marijuana ...

Continue reading...

http://www.foxnews.com/us/2016/08/01/court-rules-for-middle-school-officer-in-teens-burp-arrest.html

 

Tenth Circuit Rules Officials Were Justified In Arresting and Criminally Charging 13-Year-Old For Burping In Class

We have been discussing the trend toward suspending and expelling students (and teachers) for comments that they make on social media (here and here and here and here and here and here and here). Teachers and administrators have been criminalizing juvenile conduct rather than dealing with such issues with the students and their teachers. Now the United States Court of Appeals for the Tenth Circuit has issued an opinion upholding one of the most ridiculous examples of the criminalization of our schools. The Tenth Circuit said that Albuquerque school officials and police were justified in ordering the arrest of 13-year-old ...

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https://jonathanturley.org/2016/08/...ly-charging-13-year-old-for-burping-in-class/

 

Court Upholds Teen's Arrest for Burping

A federal appeals court has upheld the petty misdemeanor arrest of an Albuquerque, NM, student accused of repeatedly disrupting his middle school class with loud burps. The 10th Circuit Court of Appeals decision last week ruled that the officer and educators named in the lawsuit were entitled to immunity, and that the arrest was justified under a New Mexico law that prohibits anyone from interfering in the education process, the AP reports. The student was a seventh-grader at Albuquerque's Cleveland Middle School at the time of the May 2011 arrest. He is not named in court documents. His mother filed ...

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http://www.newser.com/story/228974/court-upholds-teens-arrest-for-burping.html

 

Federal Appeals Court Upholds Arrest of 7th Grader for Burping in Class

On Monday, a federal appeals court upheld the petty misdemeanor arrest of a seventh-grade student for loud burping during class. The court ruled that the officer and teachers involved were entitled to immunity and that the arrest was justified under a New Mexico law prohibiting anyone from interfering in the education process. The student was 13-years-old at the time. The boy’s mother filed suit against the principals and police officer after her son was escorted to a police car. Next he was patted down, handcuffed and taken to a juvenile detention center. He was held for an hour before his ...

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http://thelibertarianrepublic.com/seventh-grader-arrested-burping/

 

Court Rules School Was Justified In Strip Searching, Arresting Boy, 13, For Burping In Class

A middle school student was arrested and strip searched for burping repeatedly in class which his mother says was an “excessive use of force” given the situation. However, a New Mexico court disagreed and has ruled that an Albuquerque school was justified in the arrest of a 13-year-old student for disrupting the learning process. The ruling gives immunity to the school officials involved in the arrest. ABC News reports that a 13-year-old boy was arrested and subsequently suspended for the remainder of the school year after a physical education teacher says he disrupted class by excessive burping. The seventh grader ...

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http://www.inquisitr.com/3393372/co...rching-arresting-boy-13-for-burping-in-class/

 

Burping in Class? You’re Under Arrest

Every school has a class clown. Sometimes that student takes an act of comedy one step too far and garners a detention or, at worst, a suspension for particularly egregious conduct. According to officials at a New Mexico middle school and a federal appeals court, however, it is also appropriate to place a student under arrest for burping in class. The case highlights the hazards of overcriminalization, which is when authorities use criminal law and penalties to punish every mistake and to solve every problem—even those as harmless as a 13-year-old kid making burping noises. ‘Generating Fake Burps: Here’s what ...

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http://dailysignal.com/2016/08/12/burping-in-class-youre-under-arrest/



Burping in Class? You’re Under Arrest

He believed he had a legitimate basis to arrest the boy based on the PE teacher’s inability to handle “(fake) burping and other specified misconduct,” which “prevented her from controlling her class.”

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http://megynkelly.org/104094/burping-in-class-youre-under-arrest/



Burping in Class? You’re Under Arrest

He believed he had a legitimate basis to arrest the boy based on the PE teacher’s inability to handle “(fake) burping and other specified misconduct,” which “prevented her from controlling her class.” Six Months in the Slammer Under New Mexico ...

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http://americanlibertypac.com/2016/08/burping-class-youre-arrest/

 

Rita Clark: Trend of students arrested needs to stop

Arecent column in the Daily News, "The trend of arresting kids," was both disturbing and ridiculous (Aug. 24). A 13-year-old boy is arrested for disrupting his class with fake burps? A 13-year-old girl is cited for spraying perfume on her neck and then having her classmates complain about the smell? Come on now, these are kids, not criminals. Since when do teachers have to call in the police for every little problem? They should be able to handle simple things like this, but teachers are not allowed to discipline students any more, no more writing 500 times "I must not..." ...

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http://www.winonadailynews.com/news...cle_e34fda51-83d0-5905-b726-3f4326079354.html

 

Judge Gorsuch’s dissent in the case of a 13-year-old arrested for making fake burps in class

President Trump on Tuesday night nominated the ultraconservative Colorado federal appeals court judge Neil Gorsuch for the Supreme Court to fill the vacancy left by the 2016 death of Justice Antonin Scalia (and kept open by the Republican refusal to consider President Barack Obama’s nominee, Merrick Garland). Gorsuch’s record will be scrutinized in the coming weeks as the Senate undergoes a formal confirmation process even as Democrats are being urged by Trump critics to do everything they can to block the nomination. The federal appeals court on which he has sat for 10 years has heard a number of education-related ...

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https://www.washingtonpost.com/news...aking-fake-burps-in-physical-education-class/

 

Read Gorsuch's dissent here: https://www.ca10.uscourts.gov/opinions/14/14-2066.pdf

Or open the attached file "GorsuchDissent.pdf" at the bottom of this post.

Read Gorsuch's hilarious dissent in child burping case

Gorsuch displayed this talent last year, when he disagreed with a ruling in favor of an officer who arrested and sent to juvenile detention ... trading fake burps for laughs in gym class, what's a teacher to do? Order extra laps? Detention?

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http://www.washingtonexaminer.com/r...dissent-in-child-burping-case/article/2613555

Read Neil Gorsuch’s Epic Dissent in a Case Where a 13-Year-Old Was Arrested for Burping in School

The majority upheld the school's decision to call the cops and have the teenager arrested for making fake burping noises ... starts trading fake burps for laughs in gym class, what's a teacher to do? Order extra laps? Detention? A trip to the principal's ...

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http://reason.com/blog/2017/02/02/read-neil-gorsuchs-epic-dissent-in-a-cas

 

Arrested for burping: The Gorsuch dissent

Remember when a 13-year-old Albuquerque boy was arrested — taken in handcuffs to a juvenile detention center — for fake burping in P.E. class? His mother sued, but the 10th Circuit U.S. Court of Appeals in Denver ruled in favor of the school district in July 2016. Judge Neil Gorsuch, now a nominee for the U.S. Supreme Court, wrote a memorable dissent, reprinted in Valerie Strauss’s Washington Post column. If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal’s office? Maybe. But then ...

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http://www.joannejacobs.com/2017/02/arrested-for-burping-the-gorsuch-dissent/



Arrested for burping: The Gorsuch dissent

Remember when a 13-year-old Albuquerque boy was arrested — taken in handcuffs to a juvenile ... If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal ...

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http://www.joannejacobs.com/archives/62565

 

Trump SCOTUS pick Neil Gorsuch favors common sense in school discipline

One of the first things I noticed in my Twitter feed after President Trump made his pick for the US Supreme Court vacancy was the story of a school discipline matter which makes nominee Neil Gorsuch appear to be rather … libertarian in his views. The Washington Post’s Valerie Strauss naturally has to maintain The Narrative(TM) with her description of Gorsuch as “ultraconservative,” but nevertheless notes the “unusual” case involving a middle school student who kept annoying his gym teacher with fake belches. The official court order says the student “had generated several fake burps, which made the other students ...

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http://www.thecollegefix.com/post/31039/

 

Gorsuch Once Sided With A Student Arrested For Making Fake Burps. His Dissent Was Epic.

President Trump’s first U.S. Supreme Court nominee, federal appeals court judge Neil Gorsuch, has received high marks from conservatives and now is being applauded for demonstrating common sense in a 2016 ruling. Gorsuch was the lone dissenter in a case that dealt with a 13-year-old boy who was arrested at a New Mexico school for making fake burb noises. Although two justices on the 10th Circuit ruled that the school was within its rights to do what it did, Gorsuch dissented and said the arrest never should have been made. According to the court’s decision, the teacher reported that the ...

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http://www.offthegridnews.com/curre...d-for-making-fake-burps-his-dissent-was-epic/



Gorsuch Once Sided With A Student Arrested For Making Fake Burps. His Dissent Was Epic.

The teacher contacted a school police officer, who arrested the boy on interfering with the educational process. Christian Heroes For Christian Kids: These Amazing Stories Are Putting God Back Into History! The mother sued, arguing the police officer had ...

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http://www.offthegridnews.com/curre...ke-burps-his-dissent-was-epic/comment-page-1/