Family sues school after arrest of autistic girl

Staffers accuse third-grader of spitting, inappropriately touching instructors

Video: Crime & courts

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updated 2:18 p.m. ET July 15, 2009

SANDPOINT, Idaho - The family of an 8-year-old autistic girl who was arrested at school wants the school district and county to pay more than $500,000 in damages.

Charles and Spring Towry's third-grade daughter, Evelyn, has Asperger's syndrome, an autism spectrum disorder. She was arrested in January on suspicion of battery at Kootenai Elementary School after staffers said she spit on and inappropriately touched two instructors.

The child was handcuffed and taken to the county's juvenile lockup, where she was released to her parents. The county prosecutor later dropped the charge against the girl.

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The family filed a tort claim against Lake Pend Oreille School District and Bonner County, according to the Bonner Daily Bee newspaper. They have 180 days to settle the claim, or reject it and risk a lawsuit.