Noe Nino de Rivera, 17, remains in a coma after he was tased last week in a high school hallway by his school's resource officer.
According to a lawsuit filed by his mother, Maria Acosta, the teen had "stepped in to break up the fight" between two girls at Cedar Creek High School on Nov. 20, reports Courthouse News Service. Bastrop County Deputy Randy McMillan and another resource officer were called by school officials to help stop the fight. The suit claims that McMillan tased de Rivera after the student had successfully broken up the fight between the girls. The teen then fell on his face and was knocked unconscious, suffering "a severe brain hemorrhage," according to documents.
Acosta says that McMillan asked de Rivera to step back and he complied. But the resource officer tased him anyway. It was added that school officials "delayed in calling for medical assistance" and that McMillan handcuffed the unconscious boy after he was tased.
The teenager was airlifted to St. David's Medical Center. He underwent surgery to repair the brain hemorrhage and was placed in a medically induced coma. According to the family's attorney, Adam Loewy, the officer used excessive force in the incident and de Rivera did not act aggressively toward the officer, reports local station KXAN.
Acosta -- who filed the suit last week -- is suing McMillian, Bastrop County, and the Bastrop County Independent School District. The teen's family says that de Rivera will possibly face permanent brain damage.
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McMillan, who remains on patrol while the Bastrop County Sheriff's Office investigates the incident, has been a school resource officer for one year. Loewy claims McMillan tased another student at the high school last year, a claim the sheriff's office denies.