On January 31st, 2025, Kennedy Hunt P.C. filed a complaint against East Peoria Community School District 309, City of East Peoria, and an East Peoria police officer alleging disability discrimination violating the Americans with Disabilities Act, Sec, 1983, and the Illinois Human Rights Act.
According to the lawsuit our client is a 15-year-old student with multiple disabilities. He has been diagnosed with Emotional Disorder, Attention Deficit Hyperactivity Disorder (“ADHD”), and anxiety. Our client’s disabilities affect his ability to work and interact with others, his ability to learn, and his ability to regulate his emotions. Our client can only access his educational services with reasonable accommodations.
Per the lawsuit, in August 2023, our client was sent to the principal’s office. According to the lawsuit, due to his disability, our client’s conversation with the principal made him anxious and overly emotional. As a result, when the bell rang for the next class, our client left the principal’s office to self-regulate per his accommodation.
The lawsuit alleges that soon after, the school principal and East Peoria Police Officer restrained our client while he was in class.
The allegations of the incident include:
The student insisted that he did not want to leave school but wanted to calm down. The defendant responded by pushing the student to the ground in a prone restraint. Per 23 IAC 1.285(d)(4)(F), prone restraint is prohibited in all Illinois public schools, special education cooperatives, and nonpublic facilities. The student struggled while in the restrained hold as his anxiety grew. A second officer arrived and helped the officer hold the student face-down on the ground. The defendant subsequently handcuffed the student’s hands behind his back. The defendant eventually pulled the student from the ground and “perp walked” him to a police car parked outside the school building.
The lawsuit alleges the officer handcuffed our client so tightly he had marks and bruises on his wrist. The lawsuit says our client repeatedly said he was hurt and could not feel his hands, but the police did not do anything.
The City then charged our client with aggravated battery and resisting/obstructing a peace officer. The Court dismissed the charges against our client in a manner indicative of his innocence. At this time, no one observed our client committing any crimes, and no one had probable cause to arrest our client for any crimes.
The lawsuit continues:
None of the police officers received training from the Defendant City of East Peoria to recognize, render aid to, or accommodate individuals suffering from mental health disabilities. As a result of the City of East Peoria’s failure to provide adequate training as set forth herein, [our client] was harmed.
After this incident, our client’s mother expressed concerns throughout the semester regarding her son’s safety and whether the school district followed his accommodations. In response, the School District began sending our client home early from school without cause.
The lawsuit continues:
Shortly after, the education director called [the student’s mother and informed [her] that the School District wanted to change [her child’s] educational placement. Upon information and belief, the School District threatened to change [our client’s] educational placement in retaliation for [his mother’s] comments to the School District that she believed they were discriminating against [our client] due to his disability.
The lawsuit seeks compensatory and punitive damages, emotional pain and suffering, and other nonmonetary losses and awarding Plaintiffs’ costs, expenses, and attorney’s fees; and granting any additional relief as the Court deems just and proper
This case is ongoing.
For more information, contact attorney Sarah Jane Hunt at sarahjane@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.