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momof4inarizona

anyone out there able to win this case?

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My son was four months into 6th grade at a middle school in Arizona. K. now i know that the gun laws are really strict and I am not able to say that it is a bad thing either because of all the awful shootings that happen nowadays. This is a different situation and it involves discrimination against my son. My son was a star football player in 2013 and he loved anything to do with football. He had tons of friends and and was a good kid all around. He packed bags for the homeless with his church every wednesday.  In December of 2013 my son was out at morning recess playing football. The kids all put their backpacks in a designated spot beforehand which is out of sight of him when he is on the field. 

 

Some kid that my son knew but didnt really hang out with because the kid always called him marshmallow man or whatever else he could come up with decided to bring an airsoft bb gun to school (the one with the orange tip from like walmart or something) and he then decided to try an impress some girls by showing them that he is cool and has a gun I guess . Whatever reasoning he had, it didnt work. The girls were scared so they ran to the office and told on him. The kid saw they were going to the office and went over to the backpacks and stuck it in my son's bag to get rid of it. The bell had rung and the kids were all headed to class and then the police came. The boy denied having the gun at first then he went on saying that he no longer had it in his posession and that he handed it off to a friend. he would not tell them who though.

 

The police and staff lockdown the school for 3 1/2 hours and search. The kids were only told there was a gun on campus and were to remain in their classroom until it was found. # and a half hours go by and my son got cold so he decided to go in his bag and get his sweatshirt. As he pulled it out, he noticed the toy gun. He went to raise his hand to see if the toy gun was the gun they were looking for on campus when the police came in and asked for him. The kid finally broke and told them he stuck it in  a dark blue bag with a nike symbol. One of the staff members knew exactly who's that was cuz my son was well known. When they escorted my son to the office, one of the staff memebers asked him if he knew why he was up there. Since he had seen the gun right before they came and got him, he said "yes" ONLY because he was wondering how it got there too. The man who asked the question automatically assumed that my son  meant he knew it was there for the whole 3 1/2 hours but he didn't. He had no clue and they have a no tolerance policy that requires them to expell anyone with the intention to bring a firearm on school grounds. Well he got expelled because for some reason they assumed that my son did know because he said yes and because according the staff meember after the expulsion hearing, they couldnt just expell the other child because the media had astated that the kid HANDED IT OFF to another student and they were afraid that they would have controversy because the other kid is African American and my son is Caucasian.

 

The office staffmembers words to me were-and i wont ever forget these words its still fresh in my mind- "Miss. You do know the reason I had to sit in today and say those things right? If we were to only expell the other child, you do realize the can of worms we would be opening today. The public does not take well to these kind of things when the minority is the only one punished." I hissed at him that it would be fine if my son had something to do with it but he didnt. So basically it is like saying if i were to put a gun or drugs in someone backpack and they had no idea it was there, they still get expelled? Ridiculous. My last few years have been replaying the whole thing in my head and still finding no reason for an expulsion on my son.  

 

The case I would have against them at this point is this:

 

My son used to be a star football player, very popular and involved in the community. NOW he is depressed , has developed gastrointestinal issues where sometimes he cant control his bowels or he just repititiously throws up and IF he comes out of his room, its to go to the bathroom. His best friend cant even get him to go play basketball with him and his pastor has wondered where he is to the point he has shown up at our doorstep and all my son tells him is that he has school work to do because he does the online school cuz nobody will take him. Guncharges look bad right? I assume so. Anyway. He is now almost 300 pounds and I got him a football for Christmas and its still in its packaging thrown in his closet. I have proof of his downward spiral and I have proof that it is because of the districts false accusation to save face. I need a lawyer to represent me because I know they were wrong and so do they. The guy hosting the hearing, he said in the beginning that this hearing would not affect the outcome either way and that it was just a way of my side getting heard. I attended everything i was informed about even if it said i didnt have to be there because I knew my son was innocent.

 

They took a good kid with a bright future and arrested him, mugshot him and put him in a cop car in front of his peers and turned him into a kid that WATCHES other people play minecraft....Why would anyone do this to a person and doesnt he have any rights? please get back to me asap.Theres got to be someone out in this circuit that is knowledgeable enough to beat this case and make thesde people accountable and restore my son's faith in people. Please help me. I love my son and I MISS HIM.

Edited by Findlaw_FN
This post has been edited to remove personal or identifying information. – Moderator

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momof4inarizona,

 

Thank you for the post. i understand your concern. There are statute of limitations, or time limits on lawsuits of this nature. When exactly was your son expelled? has he been seeing anyone about his mental anguish?

 

Please feel free to continue to post your legal questions at our forums,

 

-The FindLaw.com Team

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