Lawsuit Over Handcuffed Kids In Westerville Dismissed - NBC4: Columbus, Ohio News, Weather, and Sports (WCMH-TV)

Lawsuit Over Handcuffed Kids In Westerville Dismissed

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A discrimination case in which two Westerville students were arrested by police has been settled.

According to police records, 7-year-old Michelle and 8-year-old Mikael Mitchell were handcuffed and placed in holding cells by Westerville police because they became increasingly belligerent in the office of their school principal.

Their mother, Tonya Mitchell, sued the school district and the police department for discrimination.

A judge ruled last Friday that there was not enough evidence, and dismissed the case.

Mitchell's attorney, Byron Potts, said he was not surprised the court ruled in favor of the school district.

"Basically, they didn't see any instances of discrimination. We believe that these type of cases are very difficult to prevail. We had presented evidence, which we thought showed discrimination, but the court didn't rule in our favor," Potts said.

Potts said the Westerville Division of Police settled out of court, and agreed to pay the family $25,000.

Tonya Mitchell has 30 days to file an appeal.

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