Court Upholds Decision To Jail Young Boy For Burping In Classroom

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Young school kid sent to jail for burping in classroom

A 13-year-old boy from Albuquerque, New Mexico was arrested and thrown in jail after burping in class at his local school. 

Despite outrage from the media and parents at the school, the 10th circuit court of appeals ruled that the cop who arrested the boy and school staff were “immune” from any subsequent lawsuit against them on behalf of the child. reports:

The law the court cited in their ruling prohibits anyone from interfering with the educational process.

The original incident happened in May of 2011 at Albuquerque’s Cleveland Middle School. After repeatedly burping in class, instead of simply disciplining the child, the school called the cops. The 13-year-old boy, who was in 7th grade at the time, was then searched, arrested, handcuffed, and brought to jail — for burping.

After being held in a juvenile detention center for over an hour, his mother was finally informed that her son had been arrested.

The boy’s mother filed a lawsuit rightfully arguing that her her son’s arrest was unlawful and resulted in excessive force. However, thanks to the insanity of the legal system, she has no recourse against the school officials or the cop who kidnapped her son for burping.

“At worst, [the boy] was being a class-clown and engaged in behavior that would have subjected generations of school boys to an after-school detention, writing lines, or a call to his parents,” a complaint filed by her attorneys said. However, instead of using these normal means of discipline, the school opted for the barrel of a gun.

The Guardian reports:

According to the school, the boy was in physical education class when his teacher said he began making other students laugh with fake burps. The teacher sent him to the hallway, where he continued burping and leaning into the entranceway to the classroom so the students could hear.

That’s when officer Arthur Acosta, assigned to the middle school as its resource officer, was called to the hallway where the boy was seated, according to court documents.

The boy disputed the version of events provided to the officer by his teacher, Margaret Mines-Hornbeck, before the officer led him away from the classroom, and took him first to the school’s administrative office and then the juvenile detention center.

After being arrested, the child was then suspended for the remainder of the school year.

The court also ruled on a separate complaint brought against the school for their decision to search the boy the following November, after the arrest.

According to court documents, the assistant principal suspected the child was involved in a marijuana deal and made the boy remove his shoes and jeans, and flip the waistband of his shorts outward. The search was fruitless and revealed that the principal’s suspicions were false.

According to the Guardian, the mother argued the school official engaged in an unlawful strip search of the boy. But the court found the use of the term “strip search” was a stretch and did not violate the boy’s constitutional rights.

When a child is arrested for being the class clown and a court not only upholds the arrest but grants immunity to the ones who conducted it, something is seriously wrong.


  1. Wow… totalitarianism at it’s finest. If you have kids in the, pull them out of the school system – it’s become a juvenile jail system.

  2. I wonder what a Fart will get you in school!! If im going too jail and im a modern kid, Guess what— Im bringing Fart Gas!!!! Ill soak the whole school room while filming it live on You tube

  3. Teachers are not able to teach because these kids are screwing around ALL THE TIME and the teachers are not allowed to do anything.  When does one kids chance to be a ‘clown’ supersede all of the other students’ right to a free, appropriate education?  …and when teachers ARE able to discipline students (appropriately, as this article suggests), they are often not supported by parents and/or administration.  So the innocent students suffer, and these ‘clowns’ get to derail it all.  Not ok.

    • Back in the day, class clowns were made to sit up next to the teacher`s desk.. if it continued.. the child was put on a chair in the hallway. From there.. principal`s office.. PARENTS should have been called immediately.. when his antics continued. There was no need to arrest him.. that is a waste of police hours. and time. And I do agree. that the good teachers have a major discipline problem with kids now a days. Parents should have been called.. right away. And with all the “ cell phones“ in use.. this should have been filmed.. for evidence of his antics.. jailing him was over the top. Suspending him for a suitable time frame.. is acceptable. But to jail him.. back in the day.. we would not have wanted our parents to be called to the school for anything.. parents too need to start taking charge again of their class clown kids.. back in the day.. discipline is much needed in many homes.. to prevent this from escalating.. I wonder how many other times this child did this.. I find it hard to believe such harsh antics were taken on his first offense. His disrespect for the teacher is apparent. His parents can disagree with the actions of the police. But all in all, maybe he learned his lesson.. 

  4. Are Amerkins so damn fucked up that they arrest a boy for burpring?  What kind of fucking sick terrorist country is the USA where a gun now rules everything including children?  What hypocrites to lambaste Muslims when Americans are far worse to their own than any foreigner could be.  If Trump wins, build a wall To Canada also to keep you Morons out of our country!

    • Well a guy in Canada was arrested and charged for making a mean remark to some hypersensitive simpleton on twitter. Something about glass houses and stones comes to mind. This “progressivist” neo-Marxist infection has spread its poison right across Europe and North America. 

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