Judge Andrew Napolitano reacted this afternoon to a shocking new video that shows a Kentucky sheriff handcuffing a young boy at a school. 

The crying 8-year-old boy, who has ADHD, was placed in handcuffs around his arms by a school resource officer. A 9-year-old girl disabilities was also cuffed.

In the video, Kenton County Deputy Sheriff Kevin Sumner can be heard saying, “You can’t swing at me like that, you can do what we’ve asked you to or you can suffer the consequences.”

The ACLU has now filed a federal lawsuit, accusing Sumner of violating the Americans with Disabilities Act. 

Sumner's attorney, Robert Sanders, argues that the officer was acting by the "book" by restraining the children so they would not harm themselves or others.

He called his client "one of the best and most highly trained school resource officers in Kentucky," adding that Sumner is a former teacher who is "totally devoted to kids and education." 

Napolitano said the state of Kentucky has a "serious problem" if its laws allow an officer to essentially assault a child.

Gretchen noted that the state adopted new regulations two years ago to prevent resource officers from using mechanical restraints.

The judge said that if the child was swinging his arms wildly, the remedy would be to send the child home to his parents, not place him in handcuffs. 

"For heaven's sakes, the nature of that restraint is the equivalent of a straightjacket," he said. 

"This is a police officer in the confines of a government-owned school. So when the government does this, it's basically punishment without trial. In this case, it's an infliction of the type of pain that is profoundly unlawful, on children or adults."

Watch his analysis below.