Hoover High student files lawsuit against school employees, BOE, - ABC 33/40 - Birmingham News, Weather, Sports

Hoover High student files lawsuit against school employees, BOE, city and police department

Posted: Updated:
abc3340.com abc3340.com

A student at Hoover High School has filed a lawsuit in federal court after being arrested for an incident involving an in-school suspension supervisor and Hoover police officer. 

Five defendants, the Hoover Board of Education, the City of Hoover, the Hoover Police Department, officer Christopher Bryant, school principal Don Hulin and school employee Jared Whited, are listed in the lawsuit filed in U.S. District Court by Tieshka Avery on behalf of her daughter Ashlynn Avery May 2. The plaintiff is seeking punitive and compensatory damages for civil rights violations.

Ashlynn Avery claims excessive force and battery was used when she was taken into police custody after falling asleep at her desk while in in-school suspension. The suit states that Whited, after noticing the sleeping Avery, hit the cubicle she occupied, causing it to hit her head before waking her up. She then fell back asleep, prompting Whited to allegedly slam one of her books down on her desk. The book was said to have bounced off the desk, hitting Avery in the chest.

Avery listed chronic medical conditions -- diabetes, asthma and sleep apnea -- as reasons for her sleeping in school.

Next, the suit claims Whited ordered her to leave the room and while walking down a school hallway, officer Bryant allegedly slapped her backpack. After Avery told the officer to "Leave her alone," the lawsuit states that Bryant shoved her then placed her in handcuffs and proceeded to transport her to the police station.

Avery reportedly vomited in the car along the way, prompting the officer to take her to a hospital where she was treated.

A Hoover High School spokesperson provided a statement to ABC 33/40 from Donald Sweeney, the attorney representing the Hoover Board of Education and its employees, Hulin and Whited.

It states, "Hoover High School is one of the premier high schools in America because of its professional staff," Sweeney said. "School officials at Hoover High School would never engage in conduct as alleged in the complaint and did not do so. The allegations are without factual basis. The Hoover school officials and police officer named in the complaint will adamantly deny the allegations of misconduct."

The Averys are being represented by attorney Virginia Applebaum of The Applebaum Firm, LLC.

ABC 33/40 was unable to reach Ashlynn Avery and her mother for comment Friday night.

 

  • Birmingham Area NewsMore>>

  • Social media helps Homewood bakery find missing truck in under an hour

    Social media helps Homewood bakery find missing truck in under an hour

    Sunday, July 27 2014 10:33 PM EDT2014-07-28 02:33:35 GMT
    A Homewood bakery got its missing truck back less than one hour after asking for help on social media. Two people saw the plea for help on social media and spotted it on their way home from a Barons game.More >>
    A Homewood bakery got its missing truck back less than one hour after asking for help on social media. Two people saw the plea for help on social media and spotted it on their way home from a Barons game.More >>
  • Attorney "getting conflicting stories about absentee ballots" in contested JeffCo race

    Attorney "getting conflicting stories about absentee ballots" in contested JeffCo race

    Sunday, July 27 2014 7:08 PM EDT2014-07-27 23:08:43 GMT
    Jefferson County Commissioner Sandra Little Brown is expected to address the challenge to the District Two election results Monday. The contest was filed by one of her opponent's supporters. ABC 33/40 spoke with the attorney representing that supporter.More >>
    Jefferson County Commissioner Sandra Little Brown is expected to address the challenge to the District Two election results Monday. The contest was filed by one of her opponent's supporters. ABC 33/40 spoke with the attorney representing that supporter.More >>
  • Woman doused with gasoline and burned by ex-boyfriend

    Woman doused with gasoline and burned by ex-boyfriend

    Sunday, July 27 2014 5:04 PM EDT2014-07-27 21:04:38 GMT
    The Jefferson County Sheriff's department is looking for 48 year old Michael Kennedy. He's wanted on several charges after allegedly setting his ex-girlfriend on fire. Just after 2:30 this morning deputies respond to a report of a house fire in the 4400 block of Nellie Anderson Street. They arrived to find a 49 year old female victim with extensive burns to her head, arms, upper body and legs. She was transported to the hospital and admitted to a burn unit in serious condition. Investigators...More >>
    The Jefferson County Sheriff's department is looking for 48 year old Michael Kennedy. He's wanted on several charges after allegedly setting his ex-girlfriend on fire. Just after 2:30 this morning deputies respond to a report of a house fire in the 4400 block of Nellie Anderson Street. They arrived to find a 49 year old female victim with extensive burns to her head, arms, upper body and legs. She was transported to the hospital and admitted to a burn unit in serious condition. Investigators...More >>
Most Popular
Stories
Videos
loading...