26-04-2025
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
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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.
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