Family Files Claim After Autistic Child Taken Away In Handcuffs

The family of an 8-year-old autistic girl who was arrested at school wants the school district and county to pay more than $500,000 in damages.

Charles and Spring Towry's third-grade daughter, Evelyn, has Asperger's syndrome, an autism spectrum disorder. She was arrested in January on suspicion of battery at Kootenai Elementary School after staffers said she spit on and inappropriately touched two instructors.

The child was handcuffed and taken to the county's juvenile lockup, where she was released to her parents. The county prosecutor later dropped the charge against the girl.

The family filed a tort claim against Lake Pend Oreille School District and Bonner County. They have 180 days to settle the claim, or reject it and risk a lawsuit.


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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by Just Wrong on Jul 19, 2009 at 03:22 PM
    I did not read anything about the child being out of control. People call the police for everything these days. They could have called the parents and let them calm the child.
  • by Chris Location: Greenville on Jul 19, 2009 at 08:38 AM
    It is good to see people can't handle the truth. I love inciting comments of insensitivity, maybe America will get out of the PC way of thinking...one comment at a time.
  • by chuck Location: greenville on Jul 18, 2009 at 07:39 PM
    "she spit on and inappropriately touched two instructors", grounds for hancuffs to me. any student spitting on others should be removed from schools
  • by Anonymous Location: virginia on Jul 18, 2009 at 03:13 PM
    To Chris: No one is crying..yes we want to be treated like everyone else and if the child did not have a disability I would bet you they would have called the parents first.
  • by special ed Location: here on Jul 18, 2009 at 02:15 PM
    People this is what ZERO tolerance means. Parents are given rules every year, and every week on school policy and most parents who actually take a look at their children's work, sign them. Those who don't well, you have the rest of the story. If the child is a danger to themselves and others, well, I bet you'd feel differently if this spit(bodily fluid) went in YOUR child's eyes.
  • by Anon Location: Pitt County on Jul 18, 2009 at 02:04 PM
    What a stupid thing to say Chris. Families who have children with disabilities want them to have the same opporunities as typically developing children but they need assistance to do this. People with disabilities deserve a good education, social integration, and to be treated with respect. How are you going to carry an 8 yo child out in handcuffs for something they don't even realize is wrong or inappropriate. She probably functions on a much lower age range than she actually is due to her disability. Obviously they can't be treated the exact same way as everyone else because they are limited-obviously like you on this subject. You must not have anyone close to you affected by a disability or you wouldn't have said such an insensitive thing. No they can't have it both ways, I am sure if given a choice they would not have chosen to have a child with a disability, but they would love for that child to be given the chance at a good quality of life.
  • by DC Location: Kinston on Jul 18, 2009 at 01:49 PM
    The child apparently was out of control. The police were called while police officers are trained in handling special populations people their job is to protect the public which they did. Handcuffs when properly applied do no harm and can keep someone from hurting themselves or others.
  • by caroline Location: gville on Jul 18, 2009 at 12:50 PM
    soundslike to me the parents wantS$$$$$$$$$$$ School System should have notfied the parents in the first place.. They know who their dealing with
  • by Anonymous on Jul 18, 2009 at 11:00 AM
    Autism is overdiagnosed. It is nothing more than another politically correct ailment endorsed by beautiful people celebrities.
  • by Chris Location: Greenville on Jul 18, 2009 at 08:39 AM
    You want people with disabilities to be treated like everyone else,until they do something wrong. Then you cry about the way they are treated,wanting money and such. You can't have it both ways.
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