Pipkin
SHERMAN - The city of McKinney and a McKinney police officer are facing a lawsuit after the police officers allegedly broke a high school student's arm.
Clifford Griffing filed suit against Officer Cody McGrew, Officer John Doe and the city of McKinney on March 28 in the Eastern District of Texas, Sherman Division.
In April 2009, Clifford Griffing, a student at McKinney Boyd High School, was ill with stomach problems. Shortly after lunch time, Griffing felt that he could not physically attend the rest of his classes for the day.
He left the nurses office and was walking toward an exit door when he states an officer yelled "You got to get back in the school!"
After asking several questions, the officer wrote Griffing a truancy ticket. When he received the ticket, he turned and continued to walk through the exit doors.
According to the lawsuit, the officer yelled at Griffing and grabbed one of his arms and Officer McGrew grabbed the other. The suit states the officers twisted his arms and pushed him to the ground.
Griffing alleges he fell on his left arm and yelled to the officers that his arm was broken. The officers allegedly ignored Griffing and twisted his arms behind his back, causing a compound fracture with the bone protruding through the skin.
The high school student underwent surgery and physical therapy for the injury.
The defendants are accused of violating Griffing's civil rights, including the right to be free from unreasonable seizure and use of excessive force.
The city of McKinney is accused of failing to provide constitutionally adequate training regarding the use of excessive force against suspects in situations involving seizure and arrest.
The plaintiff is seeking damages for mental anguish, physical impairment, disfigurement, medical expenses, punitive damages, interest, court costs and attorney's fees.
Griffing is represented by Stephen C. Pipkin of the Pipkin Law Firm in Dallas and Collen A. Clark of The Clark Firm in Dallas.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:11-cv-00160