Court dismisses suit against former Southlake officer fired for handcuffing autistic child
A lawsuit filed against the city of Southlake and a former school resource officer fired for handcuffing an autistic student has been dismissed by a federal judge.
The lawsuit was brought by the child's parents, Chad and Martha Wilson, according to the judge's order.
Randy Baker, now Blue Mound police chief, was a supervising sergeant working in the Carroll school district on Jan. 23, 2014, when he was called to Carroll Elementary School by a fellow officer to help restrain an unruly student.
The school principal, Stacy Wagnon, was helping the 8-year-old student with a math assignment when he started cursing and throwing things on the floor, the order stated. The student also attacked the principal with a cup of coffee.
The student brought a jump rope that was described as a weapon, "home-built nun-chucks," used profanity and refused to give the weapon to school staff, the order said.
Baker came and handcuffed the student and told him he could not hit police officers or school staff, the order said. But when the student's mother arrived, she said the child was autistic and that he was only 8, the order said.
Baker uncuffed the child and he left with parents, the order stated.
"We did nothing wrong," Baker said in a telephone interview Thursday. "Before Jan. 23, I did not know the child was autistic. He was in regular classes with all the other students."
The court order dismissing the case said Baker acted reasonably.
The student, called "S.W." in court documents, had an initial violent confrontation with school staff on Jan. 7, 2014, while serving an in-school suspension. The student screamed at school staff, overturned a round table, punched Wagnon in the stomach and kicked her on the leg.
The court said there was not enough evidence to pursue a claim of unreasonable seizure or uphold a claim of violation of constitutional rights.
"Baker did what was necessary to ensure this child did not hurt himself or someone else," said Randall Moore, Baker's attorney. "He did what was needed, and had he not done what he did and the child had gotten hurt he would have been accused of not doing his job. He was damned if he did and damned if he didn't. I think the city of Southlake owes Chief Baker an apology for firing him."
The parents typically have 30 days to appeal the court's decision, Moore said. An appeal is not expected, Moore said.
Martin Cirkiel, the attorney representing the Wilsons, did not return a call seeking comment.
Mitch Mitchell, 817-390-7752, @mitchmitchel3
This story was originally published December 7, 2017 at 10:08 PM with the headline "Court dismisses suit against former Southlake officer fired for handcuffing autistic child."