Family of Albuquerque Public Schools student who was pepper sprayed on campus sues district
ALBUQUERQUE, N.M. (KRQE) – It was a chaotic scene at Rio Grande High School last year that ended with an Albuquerque Public Schools student pepper-sprayed and handcuffed on campus
Story continues below
Community: NM Dancewear closes its doors for good, leaving hole in dance community
Food: Los Ranchos restaurant named best spot for brunch in the state by Yelp
Crime: ABQ woman frustrated, two vehicles stolen from hospital parking lot days apart
Film: Do you recognize these 'El Camino: A Breaking Bad Movie' filming locations?
In February of 2024, the student, who didn't have his aide with him at the time, became upset and was thrown out of P.E. class. In a statement at the time, the district said the student was screaming, swearing, and not complying with the officer's orders when the school resource officer pepper-sprayed and handcuffed him.
'I feel Rio Grande High School failed on multiple levels… I felt like a lot of the IEP wasn't followed correctly, I feel he was lost in translation when the event occurred,' said the student's father to News 13 shortly after the incident.
Now, the family is suing the district, the school resource officer involved, and a handful of Bernalillo County sheriff's deputies who were there when this happened.
The lawsuit claims the school resource officer ignored the student's Individualized Education Program that said he is working on how to express his feelings, process feelings, and perform daily tasks. The lawsuit also claims that while the student was cussing at the officer, he did not commit any crimes to get pepper-sprayed. The suit claims the officer used excessive force.
After the incident, the student was criminally charged with assaulting a school employee. Those charges were later dropped due to lack of probable cause, according to the lawsuit.
The family's attorney could not interview on Friday but did say they hope this lawsuit ensures this won't happen to anyone else, especially students with diagnoses like autism.
An APS spokesperson sent this statement:
APS does not comment on pending litigation. We will address the allegations in court, using the appropriate process.
Shortly after the incident, then-superintendent Scott Elder released a statement saying the officer involved was on leave pending an investigation into whether proper restraint policies were followed. He also personally apologized for the trauma the situation caused.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
8 hours ago
- Yahoo
U.S. Customs and Border Protection warns of scammers pretending to be agents
NEW MEXICO (KRQE) – Customs and Border Protection is warning the public about scammers pretending to be their agents. They've gotten reports of the fake agents claiming they received a package of drugs with the victim's name on it. They say the only way to prevent being arrested is to hand over personal information and/or money. Officials defend use of National Defense Areas along New Mexico's southern border The CBP said not to engage with these callers and call the Federal Trade Commission immediately to report it. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
10 hours ago
- Yahoo
Officials defend use of National Defense Areas along New Mexico's southern border
NEW MEXICO (KRQE) – The feds have made new military zones along the southern border a core piece of their strategy, cracking down on immigration, now New Mexico's top federal prosecutor is explaining and defending how the areas are being used. Part of New Mexico's southern border now a military zone aimed at stopping illegal trespassing Despite saying they've faced criticism about the 'National Defense Areas' being a waste of time and having little effect on illegal immigration, prosecutors said it's still an important tool they're not walking away from. 'Border security is National security, it is every nation's fundamental right and indeed it's responsibility to know exactly who and what is coming across our borders,' said District of New Mexico U.S. Attorney Ryan Ellison. 'The message is: regardless, you're still getting removed. We're going to still bring them. We may win on them, we may not, but regardless, at the end of the day, you are not going to be allowed to stay, if you enter the country illegally,' said Justin Simmons, Assistant U.S. Attorney, West Texas. There are now two National Defense Areas covering a 170-mile stretch of New Mexico and Texas along the southern border. The areas allow US military personnel to work alongside border patrol to prevent illegal border crossings, meaning anyone caught trespassing could face military prosecution, in addition to illegal immigration charges. Prosecutors emphasized Wednesday that these areas and the increase in charges will take power away from Mexican cartels. 'Our goal, to be clear, is not just about illegal immigration. It is total eradication of drug cartels. And like it or not, illegal immigration feeds the wolf, that are Mexican drug cartels,' said Simmons. Ellison also noted Wednesday the high number of repeat crossers and that moving forward, they should have an easier time convicting people who keep trying to cross the border. That's because anyone caught in the newer NDA's has to sign paperwork acknowledging what they did. US Attorney Ellison also said around 500 people have already been charged in New Mexico under the newer National Defense Areas, about five times the number of people they'd charged in early May. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13 hours ago
- Yahoo
FAA: NM sees slight decrease in incidents involving lasers pointed at planes
NEW MEXICO (KRQE) – Incidents involving lasers pointed at airplanes decreased in New Mexico in 2024 compared to data from the previous year, aligning with a trend seen at the national level, according to data released by the Federal Aviation Administration. There were a total of 304 reports of laser strikes on planes in New Mexico last year, which is down 397 incidents in 2023. A majority of the incidents in 2024 took place in Albuquerque, which is home to the state's largest commercial airport, the Albuquerque International Sunport. Laser incidents reported in New Mexico in recent years: 2024: 304 2023: 397 2022: 151 2021: 191 2020: 98 2019: 60 Laser incidents in the past have also involved aircraft from Kirtland Air Force Base, the Albuquerque Police Department, and the Bernalillo County Sheriff's Office. Incidents in 2024 also took place in Santa Fe, Roswell, and Clovis. In prior years, incidents were recorded in Las Cruces, Farmington, and other areas of the state. First injury reported since 2021 For the first time since 2021 in New Mexico, there was an injury reported due to a laser strike in 2024. Data from the FAA did not include specific details about the injury, but it did show the incident happened in Albuquerque on May 31, 2024, and involved a Lockheed C-130 Hercules typically used by the Air Force. The FAA saw a decrease in laser incidents across the country in 2023. In total, 12,840 laser strikes were reported in 2024, an increase of % from 2023. Despite the downward trend, officials wrote in a news release that 'the numbers are still too high.' Number of laser incidents in the United States by year: 2024: 12,840 2023: 13,304 2022: 9,457 2021: 9,723 2020: 6,852 2019: 6,136 California had the highest number of reported laser strikes in 2024, with 1,489. Ranked second was Texas with 1,463 incidents. New Mexico was on the list. **Note: The map above does not include FAA data from Guam, U.S. Virgin Islands and Saipan, CNMI. Pointing a laser at an aircraft is a federal crime that can result in fines of up to $11,000 per violation and up to $30,800 for multiple laser incidents. Violators can also face criminal penalties from federal, state and local law enforcement agencies. Many high-powered lasers can completely incapacitate pilots who are trying to fly to their destinations and may be carrying hundreds of passengers, according to the FAA. A total of 328 pilots have reported an injury from a laser strike to the FAA since 2010. The FAA encourages people to report laser incidents and has information on how to do so on its website. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
