Sequoia Union High School District named in lawsuit over Menlo-Atherton student arrests

Initially filed by civil rights attorney John Burris, the amended suit was filed in partnership with special education attorney Evan Goldsen of the Special Education Collaboration Project. The suit alleges forceful arrest and detainment of the students as well as discrimination claims against a student with disabilities.

“This is a perfect example of a real life situation that really plays out these school to prison pipelines,” Goldsen said. “The school districts’ failure to address needs, act with due care to protect them, and that can result in being pushed out of the education system into the prison system.”

The suit details an incident that occurred on April 28, 2023, which involved the forceful arrest and detainment of two Black 16-year-olds who are referred to as K.C. and D.B. in the suit.

Burris said that the addition of the school district to the lawsuit is because, after more investigation in the matter, he believes that the district’s conduct ultimately contributed to the police becoming involved and acting with excessive force.

The incident began in the administrative office after school hours when Emmi refused to return a water toy to K.C., causing K.C. to become distressed and respond by yelling at the administrator. The lawsuit claims Emmi escalated the situation by speaking in a “demeaning and confrontational manner.”

K.C. qualified for an Individualized Education Program for exhibiting behaviors associated with intellectual disability and emotional disturbance impairment, according to the suit. Due to this, K.C. was a part of M-A’s Successful Transition Achieved with Responsive Support program, which provides additional support and resources for students with special needs.

The high school’s STARS program provides on-site credentialed special education teachers to de-escalate situations where students may experience dysregulation. All administrators at the school have the cellphone number for each STARS teacher so they can be easily contacted if necessary, the lawsuit states.

Emmi allegedly recorded the incident, instead of calling a STARS teacher.

K.C. left the office after being instructed to do so by Emmi and Muys, despite still being in a distressed state, and went to wait at the nearby bus stop with his friends, including D.B. During this time, a secretary in the school’s office called the Atherton Police Department and informed the operator that K.C. was a “mental health student” who was “easily triggered,” the lawsuit claims.

Police officers then arrived on-site and approached K.C. asking to speak with him, but he refused because he was a minor, the lawsuit states. The officers allegedly arrested K.C. with unwarranted and excessive force. He was brought to the police station but was ultimately released.

D.B. stayed nearby during the interaction at the bus stop and was handcuffed for allegedly being “in the way.” He was kept seated on the ground until officers ultimately said he was free to go.

“The manner in which they escalated this was outrageous,” Burris said.

School administrators allegedly “defamed K.C. by publishing false statements about his behavior in the office” that would be considered a crime, to “deflect accountability and the negative attention garnered” after circulating videos about the incidence at the bus stop, the lawsuit claims.

In addition to the arrest, K.C.’s confidential school records were released to the Atherton Police Department without a court order or parental consent, resulting in an unlawful search and seizure, the suit claims.

The amended suit alleges that the district discriminated against K.C. “by failing to provide an appropriate education” and violating rights under Section 504 of the Rehabilitation Act of 1973 that prohibits discriminatory acts by organizations that receive federal funds. Additionally, the suit claims the district is also in violation of Title II of the Americans with Disabilities Act of 1990, which prohibits discriminatory acts by a public entity.

Sequoia Union High School District and Muys did not respond for comment.

“My hope is to leave this case and this school district better than we found it,” Goldsen said. “There’s a real need for systemic and structural change to this school district. By bringing this to the surface, hopefully it will bring attention and then bring corrective action to students of color with disabilities.”