attempted to strike him with his elbow. >> we don't think handcuffs at the biceps are the way to treat an eight-year-old child even if the child is emotionally disstraut the lawsuit alleges he also handcuffed a nine-year-old girl. >> children with disabilities should not be handcuffed, especially when their behavior is related to their disability. the. >> reporter: the sheriff's office declined to comment because the litigation is pending. civil rights advocates question why police are dealing with young students, even those without disabilities. >> instead of treating things like garden variety discipline they treat them like law enforcement problems and it leads to the response we saw here. >> the school district which is not named declined to comment on these incidents, as a federal court is now being asked whether it violated his constitutional rights. >> that was nbc's john yang