Lawsuit Filed Over Strip Search At Atlantic High School
#1 Jun 1, 2010
The school district might want to settle this matter out of court. The two administrators may not have personal liability if they followed district policy but the district may have to pay. The girls Fourth Amendment rights were violated. Either way this is going to cost the district money.
#2 Jun 1, 2010
good, the director and counselor should have been fired on the spot,for taking away their rights. plus why would a kid have a 100 dollar bill at school? and what a great way to be in the news. go atlantic
#3 Jun 1, 2010
Safford Unified School District v. Redding
Facts of the Case:
Savana Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy. Ms. Redding subsequently filed suit against the school district and the school officials responsible for the search in the District Court for the District of Arizona. She alleged her Fourth Amendment right to be free of unreasonable search and seizure was violated. The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances.
1) Does the Fourth Amendment prohibit school officials from strip searching students suspected of possessing drugs in violation of school policy?
2) Are school officials individually liable for damages in a lawsuit filed under 42 U.S.C Section 1983?
Sometimes, fact dependent. No. The Supreme Court held that Savanna's Fourth Amendment rights were violated when school officials searched her underwear for non-prescription painkillers. With David H. Souter writing for the majority and joined by Chief Justice John G. Roberts, and Justices Antonin G. Scalia, Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, and in part by Justices John Paul Stevens and Ruth Bader Ginsburg, the Court reiterated that, based on a reasonable suspicion, search measures used by school officials to root out contraband must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction." Here, school officials did not have sufficient suspicion to warrant extending the search of Savanna to her underwear. The Court also held that the implicated school administrators were not personally liable because "clearly established law [did] not show that the search violated the Fourth Amendment." It reasoned that lower court decisions were disparate enough to have warranted doubt about the scope of a student's Fourth Amendment right.
Justice Stevens wrote separately, concurring in part and dissenting in part, and was joined by Justice Ginsburg. He agreed that the strip search was unconstitutional, but disagreed that the school administrators retained immunity. He stated that "[i]t does not require a constitutional scholar to conclude that a nude search of a 13-year old child is an invasion of constitutional rights of some magnitude." Justice Ginsburg also wrote a separate concurring opinion, largely agreeing with Justice Stevens point of dissent. Justice Clarence Thomas concurred in the judgment in part and dissented in part. He agreed with the majority that the school administrators were qualifiedly immune to prosecution. However, he argued that the judiciary should not meddle with decisions school administrators make that are in the interest of keeping their schools safe.
In this case they violated a policy established in 1986 against these type searches. Safety of children not invovled. They are screwed
#4 Jun 1, 2010
All three parties a liable. The incident happened during a theft investigation on Aug. 21 after a student reported $100 missing from a purse in her locker. The money was not found.Iowa education officials said strip searches of a student by a school official are illegal under Iowa law. While administrators must ensure student safety and security, they cannot do so by violating a student's rights, officials said.In a situation involving missing money, Whaley said there was no risk to student safety -- giving administrators time to discuss the situation, call in law enforcement if necessary as well as get the student's parents involved.
#5 Jun 1, 2010
#6 Jun 2, 2010
The question of if the children’s rights were violated would not be of my highest concern nor the money in the issue. The mere fact the adults took it upon themselves to strip search children should be the concern Why have the adults involved not been charged with sexual assault? Any adult that believes they have a right to make children undress in front of them just because they are teachers need to be removed from not only that school but from any school!
#7 Jun 2, 2010
where is atlantic high school??
#8 Jun 2, 2010
this is wrong and disgusting!!! the adults who did this, the ADULTS should be fired!! like they are high schools girls for crying out loud.
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