A 17-year-old Texas student who spent 52 days in a medically induced coma after police used a Taser on him at school entered a full-time rehabilitation facility Friday , his family 's attorney said . Noe Nino de Rivera was transported to the hospital on November 20 after Bastrop County Sheriff 's Deputy Randy McMillan , serving as a school resource officer , used the device on him after the teen tried to defuse a school fight involving two girls , one of them his girlfriend , said attorney Adam Loewy . The parents have filed a lawsuit alleging their son never posed a threat to the deputy and that Nino de Rivera suffered a permanent brain injury when he hit the ground after McMillan tased the teen . The family is also asking the Texas Commission on Law Enforcement to outlaw the devices , along with pepper spray , on state campuses . Several civil liberties groups , including the American Civil Liberties Union , sent a letter to the Texas Commission on Law Enforcement last month calling the use of such weapons on children `` unconscionable . '' `` Texas families deserve to send their children to school without fear , knowing they can trust their schools to be safe havens , '' the letter said . A jumpy surveillance video provided by Loewy shows Nino de Rivera amid a commotion in the hallway of Cedar Creek High School , about 20 miles southeast of Austin . The teen appears to be stepping backward , away from the officer , when he is hit with the stun gun and falls to the floor . `` As a result of being tased , NDR fell to the ground , striking his head on the floor . While NDR was unconscious , defendant McMillan placed him in handcuffs , '' the family 's lawsuit says . School officials did not immediately call paramedics , the lawsuit says . When they did , Nino de Rivera was taken to a local hospital and later airlifted to St. David 's Medical Center in nearby Austin , where he `` underwent surgery to repair a severe brain hemorrhage and was placed in a medically induced coma , '' court documents say . The lawsuit claims McMillan used excessive force and that Nino de Rivera `` posed no imminent threat of death or serious injury to McMIllan . '' It asks for compensatory damages and attorney 's fees and expert 's fees , among other relief . Cynthia Ramirez of the Bastrop County Sheriff 's Office said the department could not comment because of the pending litigation , but a court document from the county 's attorneys alleged that Nino de Rivera `` failed to comply with the lawful orders of Deputy McMillan and therefore Deputy McMillan used the reasonable amount of necessary force to maintain and control discipline at the school . '' `` The actions of Deputy McMillan were the actions of a reasonable officer , '' the court documents say . Kevin Lawrence , executive director of the Texas Municipal Police Association , defended McMillan 's use of a Taser in an interview with CNN affiliate KXAN , saying Nino de Rivera appeared coherent after the incident and apologized to the officers . `` He was saying ' I should n't have done that , ' `` Lawrence said . `` When they got him to the hospital , he again got out of control and became aggressive to hospital personnel to the point they called the sheriff 's office again and said , 'We need help over here . ' `` Loewy called Lawrence 's account `` 100 % false '' and `` complete nonsense . '' The lawyer further noted that doctors at St. David 's Emergency Center-Bastrop quickly sedated the teen before having him airlifted to the Austin hospital . `` The video speaks for itself . ( Nino de Rivera ) was not acting aggressively , '' the attorney said . `` The deputies were very aggressive in coming up to this situation . I think this officer made up his mind to go to Taser very quickly . '' `` He never struck the police officer . He never disobeyed instructions , '' Loewy added . Deborah Fowler , legal director for Texas Appleseed , a group that fights for social and economic justice in Texas -- and a signatory to the ACLU letter calling for a Taser ban in schools -- said there is no state or national data on how frequently Tasers are deployed on students . The letter to the Texas Commission on Law Enforcement cites more than a dozen media reports on officers who used Tasers or pepper spray on students , and Fowler cited high-profile cases in Wake County , North Carolina , and Syracuse , New York , but said she suspects such media reports are `` just the tip of the iceberg . '' Texas Appleseed would be open to discussing with law enforcement how best to use the devices when a student has a gun or other weapon , she said , `` but that 's not how it 's being used , for the most part . '' The Texas juvenile justice system does n't allow Tasers , and it has specific limitations on when to use pepper spray , so Fowler said she does n't understand how the state can condone the use of such devices in places of learning . `` There are other methods of de-escalating fights that would n't pose the same risk , '' she said . Family wants answers in Florida teen 's death after Tasering . 'We called for help , and they killed my son , ' North Carolina man says .
Noe Nino de Rivera was tased after trying to break up school fight , court documents say . Taser was placed into medically induced coma for Friday , entered rehab facility 52 days . Family files suit against officer who tased him , is calling for end to Teen use in schools . Police union director tells Texas Appleseed affiliate teen was coherent , apologizing after incident .