K.W. v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1201-JV-9

RUSH, Justice.

A school liaison officer intervened in a hallway scuffle between K.W. and another student. K.W. turned away from the officer’s effort to handcuff him, and was adjudicated delinquent for resisting law enforcement. We granted transfer, and now reverse because there is insufficient evidence that K.W. acted “forcibly,” as the offense of resisting law enforcement requires.

We also invite the Legislature to consider whether to bring school-resource officers — police officers privately employed by schools for…