MIAMI (CBSMiami) - The family of a 13-year-old girl who was wrongfully arrested after being accused of threatening her school, plans to file lawsuits against the school, police, social media.
In November, Nia Whims was accused of threatening to bomb her school. She was taken to jail until police realized she had no involvement in making the threats. They were made by someone else.
It's a mistake that Nia's mother, Lezlie-Ann Davis, said won't be just brushed under the rug.
"They need to make sure they do their homework prior to putting our children in handcuffs and locking them up," said Marwan Porter, an attorney for Nia Whims and her family.
According to Nia's mother, a girl who was bullying Nia for quite some time created a fake Instagram account, making it look like Nia was the one who posted the threats.
"That platform was used to frame Nia," said Porter.
Porter said Pembroke Pines Police Department needs to be held accountable for wrongfully arresting the 7th grader, leaving her family in distress and causing Nia embarrassment and anxiety.
"At one point I wanted her out so bad I called my lawyer, and I was like I'd rather do the time than her what can I do?" said Lezlie-Ann Davis, Nia's mother.
"I feel distanced. I don't really want to talk to anybody about the situation," explains Nia.
Porter said Nia was traumatized after spending two weeks in jail.
"Another young lady who was in there, older than her, threatened to stab her over a piece of chocolate," he said.
Since this happened, Nia's been going to school virtually, using track practice as her outlet.
"I can be myself out there, focus on me. It's like my peace when I go to track," said Nia.
Nia's family plans to file a lawsuit against Instagram, Facebook, Renaissance Charter School and Pembroke Pines Police.
"When it comes to our babies when it comes to our children, law enforcement needs to make sure they do a thorough investigation," said Porter.
CBS4 News reached out to police for comment, but they have yet to get back to us.
Renaissance Charter School at Pines released this statement, "Our highest priority remains the safety and security of our students. We always have and always will take all appropriate actions to ensure our students and staff are safe. We are not at liberty to discuss any private student issues and we do not comment on pending litigation."
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