J W BY & THROUGH WILLIAMS v. BIRMINGHAM BD. EDUC.

No. 15-14669.

904 F.3d 1248 (2018)

J W, BY AND THROUGH his next friend, TAMMY WILLIAMS, G S, by and through her next friend, LaTonya Stearnes, P S, by and through her next friend, LaTonya Stearnes, T L P, by and through her next friend, Tarra Pritchett, T A P, by and through her next friend, Barbara Pettaway, individually, et al., Plaintiffs-Appellees, v. BIRMINGHAM BOARD OF EDUCATION, et al., Defendants, A. C. Roper, in his individual and official capacity as Chief of the Birmingham Police Department, J. Nevitt, Officer, in his individual capacity, A. Clark, Officer, in his individual capacity, R. Tarrant, Officer, in his individual capacity, M. Benson, Officer, in her individual capacity, D. Henderson, Officer, in his individual capacity, S. Smith, Officer, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 24, 2018.


Attorney(s) appearing for the Case

Ebony Glenn Howard , Assistant Federal Public Defender, Federal Public Defender, Birmingham, AL, Jerri Katzerman , Natalie Lyons , Brooke Menschel , Maria V. Morris , Southern Poverty Law Center, Montgomery, AL, for Plaintiffs-Appellees.

Michael Choy , Eddie Travis Ramey , Robert H. Rutherford , Elizabeth Bosquet Shirley , Burr & Forman, LLP, Fredric L. Fullerton, II , Nicole Elise King , Thomas Bentley, III , Javan J. Patton , City of Birmingham Law Department, Birmingham, AL, for Defendants-Appellants.

Before ED CARNES, Chief Judge, JORDAN, Circuit Judge, and LAMBERTH, District Judge.


Student Resource Officers employed by the Birmingham Police Department and stationed at schools have the authority to use Freeze +P, an incapacitating chemical spray, on students under certain circumstances. A number of Birmingham high school students who were sprayed with or exposed to Freeze +P...

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