Last month, a Queens kindergartener was handcuffed after a temper tantrum at PS 81, prompting his parents to threaten a lawsuit. Now a lawyer representing Dennis Rivera and his parents reveals they are filing a notice of claim against the city for $15 million.
According to the notice, Rivera, who the Daily News reports as suffering from "speech problems, attention deficit disorder and asthma," suffered injuries to his wrists as well as psychological and emotional damage. His father said, "That was excessive force on a 5-year-old."
However, a school safety agent felt that the 68-pound child - a police report said he was "punching his teacher and swinging wildly at school aides, that he smacked the assistant principal in the face, ran into a corner, and began to throw things on the floor" - needed to be restrained, and Rivera was put in a chair with his wrists handcuffed behind him. His babysitter tried to pick him up, but the school safety agent refused to release him and insisted Rivera be taken to a hospital for psychiatric evaluation.
Dennis Rivera Sr. told the News his son sees a psychologist: "He still has nightmares, his dad said, but he isn't talking about the incident as much as he had been." The Department of Education had no comment, but after the incident was publicized, Schools Chancellor Joel Klein said he was awaiting more details but "I found it troubling...When you see a young kid in handcuffs, it's got to bother you."
