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Kid arrested for burping

A federal appeals court has upheld the petty misdemeanor arrest of an Albuquerque student accused of repeatedly disrupting his middle-school class with loud burps. The 10th circuit court of appeals decision ruled that the officer and educators named in the lawsuit were entitled to immunity, and the arrest was justified under a New Mexico law that prohibits anyone from interfering in the education process.


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The suit was filed Wednesday, the same day the district was also sued by the family of a 7-year-old autistic boy who was handcuffed to a chair. The Albuquerque Journal reports the unnamed seventh grader was arrested last May 11 at Cleveland Middle School after he "burped audibly" in his P. The lawsuit alleges the boy was transported to the juvenile center without his parents being notified.

It also says he was denied his due process rights because he was suspended for the rest of that school year without "providing him an explanation of the evidence the school claimed to have against him. The boy was never charged. He scored a - 2 on a scale of 1 to 10 according to a risk assessment given by the jail staff, 10 being extremely dangerous.

He claimed it was because he was going to go shopping after school, but administrators accused him of selling pot to another student. The boy asked to call his mother; instead, they forced the student to strip down to his underwear while five adults watched. A spokeswoman for Albuquerque Public Schools said she had not seen the lawsuit and could not comment.

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