Albuquerque police jailed a middle school special ed student twice because they thought it better to jail disabled kids to than leave them in school, the teenager claims in court.

Sidney Summers, now 18, sued the Albuquerque Police Department and Sgt. Michael Archibeque in Bernalillo County Court, citing two incidents from 2009, when Summers was 12 years old.

Summers claims his arrests and jailings exemplified a culture of discrimination against special education students under Archibeque, who supervised Albuquerque’s school resource officers at the time. Archibeque is the only individual defendant.

In his June 10 lawsuit, Summers says he was arrested for childhood temper outbursts in which no one was injured.

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