"Parties are on the verge of a settlement in a case where a Menlo-Atherton High student, who has a mental disability according to his attorneys, was allegedly taken to the ground by Atherton police outside the school in April 2023. A cell-phone video of the incident went viral on social media.The settlement now only needs approval from "the appropriate legislative bodies," according to minutes of a Nov. 21 settlement conference. Those include the Atherton City Council and the Sequoia Union High School District board."
"The teens are referred to in court filings as K.C. and D.B. The complaint names as defendants the town of Atherton; an Atherton police sergeant and three officers; the Sequoia Union High School District; and Stephen Emmi and Nick Muys, who were vice principals at Menlo-Atherton at the time of the incident. It alleges excessive use of force, negligence, assault and battery, and infliction of emotional distress."
"The teen had used the toy as part of a game among students that week called "senior assassin," according to the latest version of the lawsuit filed Nov. 21. The teen heard that other students had gotten their water toys back. But when the teen got to the office, Stephen Emmi, who was vice principal at the time, told the secretary not to give the student his toy, the lawsuit alleged. Instead, Emmi "began speaking to minor K.C. in a demeaning and confrontati"
A settlement awaits approval from the Atherton City Council and the Sequoia Union High School District board after an April 2023 incident in which an Atherton police officer allegedly took a Menlo-Atherton High student with a mental disability to the ground. A cell-phone video of the encounter circulated widely. Two teenagers filed a federal lawsuit in January 2024, represented by Burris Nisenbaum Curry & Lacy, naming the town, officers, the school district, and two vice principals as defendants. The complaint alleges excessive force, negligence, assault and battery, and infliction of emotional distress. The incident began when a student sought return of a toy used in a game.
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