Political News

Justices reject appeal of student arrested for burping

Posted May 15

FILE - In this photo taken on Tuesday, April 4, 2017, the Supreme Court Building is seen in Washington. Supreme Court Justice Neil Gorsuch's earlier dissent as an appeals court judge in a case involving a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps, means he probably won't have any role in considering it, should it come before the high court. (AP Photo/J. Scott Applewhite)

— The Supreme Court has declined to hear a New Mexico mother's appeal over her son's arrest for disrupting his seventh grade gym class with fake burps.

The justices on Monday let stand a lower court ruling that said the police officer who arrested the boy in 2011 was immune from liability.

The appeals court's ruling drew a sharp dissent from then-Judge Neil Gorsuch just six months before he was picked for the Supreme Court vacancy.

The mother featured Gorsuch's dissent prominently in her appeal to the Supreme Court. Gorsuch said arresting a "class clown" for burping was going "a step too far."

Justices typically are recused from cases they heard before joining the court, and Gorsuch had no role in considering the case when it came before the high court.

Comments

Please with your WRAL.com account to comment on this story. You also will need a Facebook account to comment.

Oldest First
View all