Monday , 25 September 2017

Student’s Lawsuit Against City, Police Officer Dismissed

On July 18, 2011, Plaintiff Clifford Griffing, with the agreement of Defendants City of McKinney and Officer Cody McGrew, filed a Stipulation of Dismissal with Prejudice, notifying the Court that he was dismissing his lawsuit with prejudice, which prevents Plaintiff from refiling the case in the future.

The suit stemmed from an incident that occurred on April 6, 2009, in which an MISD student accused McKinney Police School Resource Officers of breaking his arm during an arrest. The student further alleged that he had suffered a compound fracture of his arm during the arrest, which, according to McKinney Fire Department reports, was found to be untrue.

The McKinney Police Department released the following description of events of the incident:

On April 6, 2009, McKinney Police Department School Resource Officers on duty at McKinney Boyd High School were contacted by Mark Ferrer, Boyd High School principal, in reference to a disruptive student who was attempting to leave the school. The officers located the student, identified as Clifford Griffing, standing in the hallway with Ferrer.

As the officers approached Griffing, he was cursing loudly and striking objects while walking through the hallway of the school. The officers ordered Griffing to stop, at which point Griffing was in a rage as he walked outside of the school. The officers attempted to calm Griffing, who continued to yell obscenities and to attempt to leave the school.

The officers asked Griffing to come back into the school. Griffing initially complied before stopping at the door, at which time he appeared as though he was about to run. At that point, the officers advised Griffing that he would be receiving a citation regarding his behavior. Griffing continued yelling obscenities and that he was leaving. The officers then attempted to prevent Griffing from leaving, and Griffing resisted by pulling away from officers into an aggressive stance, as though he were about to punch the officers. Being concerned for their safety, the officers subdued Griffing as he continued to resist, and he was taken into custody. After being taken into custody, Griffing stated that his arm was broken. McKinney Fire Department paramedics were immediately called to the scene to evaluate Griffing’s condition.

Griffing was then transported to the McKinney Medical Center where he was admitted for his injury, which was not a compound fracture. While at the hospital, the officers contacted Griffing’s mother, who advised that Griffing’s behavior started because his brother was staying home from school that day and he wanted to stay home as well.

This dismissal clearly vindicates the City of McKinney and its Police officers of any wrongdoing regarding this incident, and again speaks to the fact that our officers acted in a reasonable and prudent manner when dealing with Griffing that day, and shows that Griffing’s story as alleged in his lawsuit was both inaccurate and without merit.

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