A high school student suffered a brain injury and remains in a medically-induced coma after a Texas sheriff’s deputy tasered him without cause following a skirmish in a school hallway, the boy’s mother claims in court.
Maria Acosta has sued Bastrop County, its school district and
Randy McMillan, a Bastrop County sheriff’s officer and school
resource officer, according to Courthouse News.
Noe Nino de Rivera, Acosta’s son, suffered a “severe brain
hemorrhage” when McMillan Tasered him after the boy, known as
N.N., had intervened to halt a fight between two females at Cedar
Creek High School on Wednesday, November 20, Acosta claims in a
federal lawsuit.
"I'm called to the school and they say you have to get to the
hospital," Acosta told KXAN last week. "(They said) your
son is alive. I say, 'what do you mean he's alive?'"
Her son “stepped in to break up the fight” before police
could arrive, Acosta says in the suit.
McMillan and another security officer arrived to break up the
fight upon being called by school officials. Acosta says her son
“diffused the situation” by the time they arrived on the
scene.
McMillan told N.N. to step away, and he did so with his hands
raised, but McMillan tasered him nevertheless, Acosta alleges.
Immobilized by the Taser, N.N. fell and struck his head on the
floor, at which point McMillan handcuffed the unconscious boy,
17.
Acosta says school officials initially “delayed in calling for
medical assistance even though N.N. was in an obvious emergency
medical situation.
"Eventually, school officials called for EMS and N.N. was
airlifted to St. David's Medical Center, where he immediately
underwent surgery to repair a severe brain hemorrhage and was
placed in a medically induced coma."
The lawsuit claims that "N.N. remains in a coma, and has not
been able to communicate with his family since his
hospitalization."
The Bastrop County Sheriff’s Office says N.N. made aggressive
moves, leading to the tasering.
Acosta is alleging overreaction and abuse. One student echoed
that sentiment to KXAN.
"There was a crowd watching and the kid was just trying to get
the officers to listen to him," said the student. "When he
shot the Taser, there was a crowd, and others could have been
hit."
Acosta says the deputy officer was never in harm, and that the
defendants allowed him to work at Cedar Creek High School even
after he Tasered another student a year ago. That history created
a “foreseeable danger” that led to N.N.’s injuries, she
says.
According to the Sheriff's Office, McMillan has never received
complaints for using excessive force, and he's never been
disciplined for using excessive force.
Acosta is seeking medical expenses and damages for use of
excessive force, failure to train and discipline and civil rights
and education code violations.
KXAN reports an investigation is underway, and that McMillan has
been placed on patrol as it progresses.
Acosta said N.N. had expressed interested in joining the Marines.
He may still face charges once the investigation is final.