The Southern Poverty Law Center today filed a federal lawsuit against Birmingham city schools, Birmingham Police Chief A.C. Roper and several school resource officers in an attempt to stop the use of pepper spray on unruly children.



The Montgomery-based civil rights group filed the lawsuit against the city school system on behalf of six students or former students of four Birmingham high schools. The lawsuit seeks class-action status so other students can be added later.



The lawsuit also seeks a permanent injunction against the schools and police from using pepper spray on students, and to award any compensatory or punitive damages to the students.

[Read the lawsuit here.]



Ebony Glenn Howard, staff attorney with the Southern Poverty Law Center and lead attorney on the lawsuit, said at a news conference outside the Hugo L. Black U.S. Courthouse that the students were victims of a "brutal and unconstitutional police policy" that permits school resource officers to use pepper spray or Mace-type products.

"Pursuant to this policy, Birmingham City Schools and the Birmingham Police Department have condoned the use of chemical weapons on students despite the clear legal and moral evils associated with the practice," she said.



Mary Bauer, legal director for the SPLC, said the lawsuit was filed after Birmingham officials declined to stop the practice of using the sprays while they were negotiating a settlement.



The lawsuit details how pepper spray is used against children who are restrained and pose no threat to themselves or others, according to an SPLC statement.



LaTonya Stearnes said at the press conference that two of her three children were sprayed in an incident she called "completely unjustified." "I thought the police were at the schools to protect the kids. With my daughters, they went too far," she said.



That incident happened in December 2009 at Huffman High School, according to the lawsuit. Her daughters were not charged with anything in the incident.