Local School District Named In Excessive Force Suit
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Local School District Named In Excessive Force Suit Save Email Print
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(May 23, 2008)—A lawsuit filed Wednesday against the Killeen ISD alleges a district police officer smashed his elbow into the face of a 14-year-old girl, leaving her unconscious and bleeding on a hallway floor.

The federal civil rights suit filed by Carol Perez of Killeen on behalf of her daughter Bianca names the Killeen Independent School District, KISD Police Chief Walker Veal, KISD police officer Kenneth Edmiston, KISD Safety Director John Dye and KISD Superintendent Jim Hawkins.

Click Here For The Lawsuit

The suit alleges that on May 25, 2006, Bianca Perez, who was then 14, and a student at Killeen High School, was in a school hallway consoling a friend who had just learned in a cell phone call that his 2-year-old nephew had died.

The suit alleges that Edmiston approached the boy and demanded he terminate the call and come with him.

Instead, the suit says the boy “talked back” to the officer, who then ordered the boy to get on the floor.

When the boy failed to comply, the suit alleges Bianca Perez was “violently shoved” twice, “jolting her small body and dazing her.”

The suit alleges she was then struck in the face by an elbow, which left her lying unconscious on the hallway floor.

The suit alleges the girl called her mother as soon as she was able and that her mother then called for paramedics to evaluate her daughter.

Carol Perez filed a written complaint on June 1, 2006, the suit says, but no action was taken.

Instead, the suit alleges, Bianca Perez was arrested for interfering with the duties of a public servant.

The school district declined comment on the suit, issuing a statement that said only, “At this time the Killeen Independent School District cannot comment on the details concerning any pending litigation. Thank you for the opportunity to provide our side of the story, but by law we are not allowed to answer any of your inquiries.”

The district settled an earlier excessive force suit this week for an undisclosed amount of money in another incident involving the same officer.

Click Here For KISD Web Site
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Posted by: Alberto Location: Killeen on Sep 21, 2008 at 08:09 PM
Madmax, I bet the reason you so blindly support this (good officer) is because you are also a (good law enforcement officer).
Posted by: Ashley Location: Temple on May 25, 2008 at 07:51 AM
The boy fails to comply and the girl is violently shoved?... yeah something is missing here. Hopefully they have cameras. I am curious to see how this turns out.
Posted by: OMG Location: TX on May 24, 2008 at 08:09 PM
Are you serious? Madmax, can you read? Cuz I can and that's what the article says. The school system has a clear policy for filing complaints. It seems that the article describes part of this and states with no resolution they have filed a lawsuit. And, ...if it were my child you are D**n right. I would be outraged and demanding an investigation of this officer. You bring up a great question as to why charges weren't filed against him. Had it not happened in the school , he would easily be under suspension pending an investigation now. Another suit filed against the same officer settled earlier this week. We are talking about 14 year old girl here too. Must take a big man to do that to a little girl and feel justified. I have a feeling you are the officer or you wouldn't be so defensive.
Posted by: slim Location: bell .co on May 24, 2008 at 03:29 PM
hey p: i never called 911. and if i did they would not do there job anyway. look at all the people that died after they called 911. they will hang up on you,and talk to you like your stupid. you will never change my mind about all of the useless cops.
Posted by: slim Location: bell co. on May 24, 2008 at 03:26 PM
hey jess: just look up your bill of rights. www.billofrights.com
Posted by: Jimmy Location: Belton on May 24, 2008 at 01:41 PM
EXCESSIVE FORCE - A law enforcement officer has the right to use such force as is REASONABLY necessary under the circumstances to make a lawful arrest. An unreasonable seizure occurs when a law enforcement officer uses excessive force in making a lawful arrest. Whether force is reasonably necessary or excessive is measured by the force a reasonable and prudent law enforcement officer would use under the circumstances. I'm thinking beating down a small girl for consoling her friend MAY have been a bit excessive. If she were such a threat, shouldn't the officer have requested assistance? The perps weren't going anywhere. It's not like they were from out of town on a bank robbing spree. Madmax, I agree with an officer being careful. But you have to agree that this officer, who had prior complaints against him for the same behavior, may have acted excessively.
Posted by: Madmax Location: Killeen on May 24, 2008 at 12:23 PM
Okay parent, if she was elbowed and knocked unconscious, why weren't criminal charges filed against him??? Could it be because her claims are most likely false or that's how she perceived the situation?? Its parents like you who always say "Not my child" and its your kid who is out there out of control because they are your little precious
Posted by: p on May 24, 2008 at 11:13 AM
OMG, madmax and lawdog are slim you have all these things to say about how bad cops are but 911 is the first one you call when you need help. Yes the boy should have complied with the officer, but when something tragic happens in our lives as adults we loose all sense of the world around us, so maybe the boy wasn't thinking right,and maybe the girl was trying to calm the boy down after the officer ordered him to the ground. The only people that truly know are the 3 people that were there. God bless the boys family for their tragic lost. And not to bash the officer but the words is something wrong or any way I can help you should have been asked before the words get on the floor....
Posted by: Anonymous on May 24, 2008 at 10:21 AM
For all of you that his this might be a rare thing, have a look at this. It's definately an eye opener. www.texaszerotolerance.com
Posted by: Parent Location: TX on May 24, 2008 at 10:14 AM
Isn't the point that by the boy not complying the girl next to him says she was shoved twice, elbow to the face and knocked unconscious on the floor? You all fighting on here know full well you would be crazy mad if that was your child and I can't imagine what excuse would fly to make you think it was a good idea. They had her arrested too. Yeah that makes sense. A parent in their own home would have CPS called on them quick for that behavior and the student would be in jail if they inflicted that behavior on a teacher or officer in the school. Add that this is not the first complaint against the officer and that should tell you something too. He needs to be fired and find a different profession. Parents in Texas.......WAKE UP. Stop letting this happen to children in our public schools. Your tax dollars are paying for this abuse. Why aren't you outraged?
Posted by: Madmax Location: Killeen on May 23, 2008 at 10:51 PM
THank you Mitchell.
Posted by: Mitchell Location: Hubbard on May 23, 2008 at 08:18 PM
Who in their right mind would call a child and tell them a loved one died, much less while they should be at school, supposed to be LEARNING. Children have no business with cell phones at school to begin with. Furthermore, children need to understand and have respect for authority. If the student had been taught respect for rules this would never have happened as he/she would not have had nor been talking on the cell phone. Why doesn't the school district sue the parent for allowing his/her child to bring a cell phone to school - that would be just about as ridiculous as this! While taking the student down might seem like over-kill, the fact of the matter is THE STUDENT DID NOT COMPLY WITH THE INSTRUCTIONS GIVEN BY A PERSON IN A POSITION OF AUTHORITY and therefore must suffer consequences. We as a society have gone sue-crazy! When we sue a school-district we are in fact suing all the tax payers who contribute to the operation of the school, thereby increasing their taxes.
Posted by: Jess on May 23, 2008 at 08:14 PM
Slim- Fill us in on our rights. I'd like to know how to get out of a ticket. Just send me the link i'll look it up. I'm not being a butt about it i really want ot know. thanks
Posted by: Madmax Location: Killeen on May 23, 2008 at 08:09 PM
Hahahah, well Slim, if I was stealing from people I would definitely be rich, but I'm not that 1%, so sorry to burst your bubble. Anyways Slim, all you can do is comment from the comfort of your livingroom and not actually go out there and make a difference. You outta try it one day... For anonymous, all I can say is that "You're throwed off!"
Posted by: slim Location: bell co. on May 23, 2008 at 05:56 PM
another thing lawdog: you could not pay me enough money to do that job. i do not rob or steal from people like the cops.
Posted by: Anonymous on May 23, 2008 at 05:54 PM
lawdog i dont think so. if your the law and you try to give me a ticket you cant. i know my rights and i will tell you me rights and you will have to let me go and if you dont your the one in trouble. just ask a judge about this and they will tell you.
Posted by: Parent Location: TX on May 23, 2008 at 04:45 PM
Don't feel too sorry for KISD. Schools are forbidden by TX law to discuss anything like this so you will never hear their side of the story. They are very well protected and have extensive access to lawyers take care of this. The problem is that administrators, teachers, and officers at the school are not held to the same standards as the students. So I say good for the parents to stand up to them and to sure they get their message across. . Sadly, and you all may not realize it but that is the only way to really get their attention. They set up the rules and those are the only ones they understand.
Posted by: lawdawg Location: where i was before on May 23, 2008 at 04:27 PM
another thing SLIM: if you think u can do a better job - go to the academy & "make a difference"
Posted by: mom Location: killeen on May 23, 2008 at 04:16 PM
I think police should do something like that to anonymous-you idiot!
Posted by: lawdawg Location: waco on May 23, 2008 at 04:15 PM
to slim: that is the dumbest remark. when u get a ticket guess what ur RIGHT is - to contest it and have a judge or jury hear the case. when a cop tells you to do something you do it, even if it is being told to get off a dadgum cell phone.
Posted by: Madmax Location: Killeen on May 23, 2008 at 03:50 PM
Well Slim, there are things called laws and she obviously interfered with the Officer's job as he was trying to conduct business. Yes, people do have RIGHTS, but they can not break laws and use their RIGHTS as an excuse...
Posted by: MRS REED Location: Waco on May 23, 2008 at 03:24 PM
Well "S", we better never see you on a cell phone, EVER. And why does the have to have n attitude problem. The boy was probably crying on the phone, (if his nephew just died), he was getting consoled. The officer could have handled the situation a little better, he could of seen it was a unpleasant call the boy was receiving I'm sure. The problem is some officers’ let the power to rule the world go to their heads and they think they are above the law and untouchable. I am not bashing "ALL" cops in no way, I am just saying lately a lot of lawful people are getting their hands caught in the cookie jar.
Posted by: LJ Location: Hewitt on May 23, 2008 at 03:11 PM
I agree with txteacher. They should have called the school and let them know what happened and that they would be coming to pick him up and tell him. No cellphones means NO cellphones! On the other hand, I also feel that the officer did not handle the situation correctly. I would be willing to bet they tried to tell the officer what was going on and he didn't want to hear it. All the officer cared about was that a student was talking on a cell phone!
Posted by: C Location: Killeen on May 23, 2008 at 02:46 PM
It sounds to me like this is probably a cop that is fed up with smart mouth teenagers and categorizes all the teens the same instead of on individual circumstances,and is creating an abusive pattern that is going to wind up costing the school alot of money. He needs to find another area of law enforcement that doesn't involve children. I too have children that are in KISD and when situations occur the administrators try to disreguard students and parents concerns and think they will just go away. I feel the cop and the staff handled this all wrong. If authority figures are acting in this manner it is no wonder why our youth are becoming more and more violent.
Posted by: Anonymous on May 23, 2008 at 01:46 PM
I think the Police should be able to do something like that to a teenager
Posted by: Anonymous on May 23, 2008 at 01:37 PM
hey they gotta pay for there gas somehow. y not sue
Posted by: SLIM Location: BELL CO on May 23, 2008 at 01:21 PM
if that was my little gril,the cop would have payed. cops dont understand that people have rights. because your a cop that dont mean you can tell everybody what to do. a cop can never give you a ticket if you know your rights. madmax you know what i mean. RIGHTS (THE BILL OF RIGHTS)
Posted by: Elaine Location: Waco on May 23, 2008 at 11:47 AM
I have sympathy for the teen who lost a relative. It is unfortunate the teen was not following the rules at the time though. Harsh handling of the situation was a bad call on the adult's part and the major miscall in this event I feel. It takes the ones in charge to use good judgement in handling difficult situations to render a postive outcome.
Posted by: Sue Location: Waco on May 23, 2008 at 11:03 AM
Sounds like this girl has a bit of an attitude problem, there was an earlier incident???
Posted by: S Location: Robinson on May 23, 2008 at 10:01 AM
Cellphones shouldn't be allowed in schools, churches, restaurants, movie theaters, workplaces, meetings, moving vehicles and medical buildings. They are a rude distraction to everyone. People need to be more respectful of their fellow man. And don't get me started on teenagers that text message while driving or sitting in a classroom.
Posted by: Stephanie Location: Groesbeck on May 23, 2008 at 08:42 AM
I'm sure this is not the whole story. As for the other claim,schools will settle out of court cause it is cheaper in the long run and things are usually placed under a gag order as to the payout. I know when my son broke his leg at football practice I had to threaten to sue over a non paid bill of $133.00. That was the difference in the price of a private rooma md semi private. By the way my personal insurance had to pay the majority of the bill. The schools was only going to pay what mine didn't and he was hurt at school during school hours.Told them "no way" and threatened to sue so it was reversed. Then we kept getting the bill for the 133.00. Told them they could take up a collection or take it out of petty cash and get it paid and that if I received one more bill I was going to sue. Guess what? They paid. I don't buy that they left her unconsious and bleeding.
Posted by: Madmax Location: Killeen on May 23, 2008 at 08:37 AM
Well Michelle, being a victim of a false lawsuit as a Police Officer, I can tell you from past experience that an agency will usually settle out of court because the cost of fighting for the truth would cost more. If this Officer was guilty of a crime, he would have had CRIMINAL CHARGES brought against, but they wont. That's why people sue civilly because it is easy money. So the Officer should have used other methods??? No, that kid should have listened. Once a person does not comply to an order, he is deemed to be a possible threat. You are trained to take immediate control of the situation so things do not get out of control. Why you ask?? Because cops get killed or injured if they dont. I know you will say he or she is only a student, etc etc. Well, small, older, fat and skinny have the ability to injure and/or kill. Take for instnce, Trooper Kyle Vetter. Killed by an elderly male in his 70s on a traffic stop. His video is on youtube. These things do happen to us..
Posted by: Michelle Location: Central Texas on May 23, 2008 at 07:14 AM
Let's see....another lawsuit settled regarding KISD and the same officer, using excessive force. It sounds like this officer is "authority" happy without finding out what the circumstances are before he begins his "authority". I am not taking sides for the young man to be disrespectful, however, I think this officer should have used other methods of communication with the student before letting this situation get "out of control". Until the "whole" story is revealed, you can only comment on what you are currently reading. The comments, I'm sure, will completely change once the FACTS are told. This officer needs to go back to training or find a desk job with the department. Right now he is costing us taxpayers ALOT of money with these lawsuits. Anyway, we are not the judge and jury, the court will decide the fate of this case. If KISD settled "out of court" on the last suit.....something was proven against this officer. Find an officer that works well with teens, not against them.
Posted by: txteacher64 Location: Belton on May 23, 2008 at 06:04 AM
This problem would have never happened if the family member would have called or gone to the school to tell him the news. That was important news that should have been told in person. You never know how one will react to such news. If this is how it happened then they need to be fired. There is always more to every story as we learn all the time.
Posted by: Madmax Location: Killeen on May 22, 2008 at 11:57 PM
And that is why this world is so messed up. Everybody is so sue happy. You know that the media will only show one side of the story and unfortunately, people will take their side and see the Officer as a hateful and mean person. All you have is ONE side of the story. Trust me, it sucks to be sued as an Officer, especially when you know it is a bogus claim. Ya, I'm sure the Officer knocked-out her completely and did not call an ambulance. Come on folks, do you actually believe this?? It's just a get-rich quick scheme because the district has money and will most likely just settle out just to save money and a headache... This all could have been settled if people would listen to the Police and then explain their situation... So that's where the blame is... As usual, people forget accountability... Just makes our lives harder as Police Officers...Thanks!
Posted by: Jim Location: Hewitt on May 22, 2008 at 10:46 PM
I'd say it is time for this officer to be fired. If this account by Carol Perez is proved, I say sue the dog out of the KISD! The young man should not have talked back to the officer but the officer could have handled the situation differently. Sue on!
Posted by: Does "John" have family on May 22, 2008 at 09:28 PM
John, "not immediate family anyways"??? Do what? Do you not call a nephew immediate family? I do!! If I had been in that boys shoes I would have not wanted to stop talking to my loved one either until I was picked up from school. I have nephews and nieces among two of my own children and I love and treat them all the same. Maybe the officer should have had a little more of a heart and asked questions and asked if there was anything he could do, like maybe escort him to the office to wait for family. I never saw where it stated no cell phones, but I did see that there was already an excessive force suit against this very same officer for another child that the school settled in. Do you happen to be the safety director named in the suit? With some people, family is family, no matter how far down the blood lines, at least it is that way in my family.
Posted by: john Location: waco on May 22, 2008 at 07:23 PM
No cell phones, means no cell phones. It was not immediate family anyways.
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