Town Denies Violating 8-Year-Old Girl's Rights

TIVERTON, RI—Town lawyers on Monday formally denied allegations that an 8-year-old girl’s rights were violated when she was removed from a school bus, searched and held at the police station and questioned before her parents were contacted.

The state chapter of the American Civil Liberties Union filed the federal lawsuit in December.

According to the lawsuit, on Oct. 24 of 2014, the girl was falsely accused by another student that she and another student had “chemicals” in their backpacks.

The student making the allegation told a school bus attendant, who notified the driver, who called police. The bus was stopped and Tiverton Police and school officials were called to the scene where the two girls were removed from the bus.

Police searched their backpacks and found no evidences of chemicals or “anything else suspicious,” according to the ACLU. But “despite having no probable cause to believe the two children had done anything wrong, the police still took the girls to the police station before contacting their parents and without any school officials present.”

On Monday, Marc DeSisto, the lawyer representing the town, filed a denial of all claims that states the town is immune. It also said that the suit should not have named the town’s superintendent, police chief, three officers, the town treasurer and another school administrator. It also said that the town followed the law during the incident.

Town officials are not commenting on the matter because of its litigious nature.

Both sides want a jury trial.

The suit, filed on behalf of one of the girls, alleges unlawful seizure, detention and interrogation “based solely on unsubstantiated claims.” It seeks a court order finding that the actions of town officials during the incident were illegal and damages for “mental anguish and emotional distress, punitive damages and attorney’s fees,” according to the ACLU.

The lawsuit also describes what they characterized as a harrowing ordeal for the girl who, after her parents arrived at the police station, ”was questioned and accused of not telling the truth before being released.”

For complete details about the lawsuit, see our previous coverage HERE.

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