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Supreme Court Rules 8 to 1 That School's Strip Search of Teen Illegal

In an eight-to-one decision, the Supreme Court ruled this morning thaat “a school’s strip search of an Arizona teenage girl accused of having prescription-strength ibuprofen was illegal.”

Who dissented? Clarence Thomas.

Writing for the majority, and finding there was a Fourth Amendment violation, Justice David Souter said:

"Savana's subjective expectation of privacy against such a search is inherent in her account of it as embarrassing, frightening, and humiliating. … Here, the content of the suspicion failed to match the degree of intrusion."

The Court also ruled, however, that the school officials are immune from personal liability for the strip search.

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    This (5.00 / 1) (#1)
    by AlkalineDave on Thu Jun 25, 2009 at 10:45:26 AM EST
    irks me just because of how haughty the school officials were.  They never relented in the least, making her sit outside the office for hours when they found nothing and arguing that being a good student didn't mean she didn't do anything wrong; she just hadn't got caught yet...

    I also heard on the radio while driving (5.00 / 1) (#2)
    by Inspector Gadget on Thu Jun 25, 2009 at 10:48:33 AM EST
    this morning that the school cannot be sued over this because their policies were so vague. Incredible.

    Parents across the country need to start demanding to have school policies posted on the internet, and petition for them to be tightened up and specific in areas that protect their children's civil rights.

    Parents across the country... (5.00 / 1) (#4)
    by kdog on Thu Jun 25, 2009 at 10:52:27 AM EST
    need to give their daughters some mace or something to keep authoritarian sexual abusers at bay...give 'em a fighting chance to protect their person and their human dignity.

    Parent
    Seeing Jeralyn's friendly (none / 0) (#5)
    by AlkalineDave on Thu Jun 25, 2009 at 10:54:15 AM EST
    to the guns, I'd say a smith and wesson .38 special snub nose would do the trick :P

    Parent
    i'm thinking more along the lines (none / 0) (#37)
    by cpinva on Thu Jun 25, 2009 at 12:59:02 PM EST
    I'd say a smith and wesson .38 special snub nose would do the trick :P

    of giving my daughter an AK-47, with a banana clip. we'll just stop that nonsense before it even has a chance to start! :)

    Parent

    Hi (none / 0) (#39)
    by AlkalineDave on Thu Jun 25, 2009 at 01:10:07 PM EST
    5

    Parent
    As I read it (5.00 / 1) (#7)
    by Democratic Cat on Thu Jun 25, 2009 at 11:10:32 AM EST
    The issue was that the Courts hadn't been clear enough, not that the school's policy had been too vague.

    Parent
    Note that the Court voted unanimously (5.00 / 0) (#51)
    by Peter G on Thu Jun 25, 2009 at 02:48:20 PM EST
    that the unreliable, uncorroborated, and unverified accusation of the other student, herself caught with pills, knife, etc., was a sufficient basis under the Constitution to justify school officials in searching Savana Redding's outer clothing and through her backpack.  It was only the strip search that went too far. So don't get the idea that the Supreme Court thinks that students' rights to privacy in school are all that robust.

    Parent
    Yes (none / 0) (#8)
    by jbindc on Thu Jun 25, 2009 at 11:12:03 AM EST
    The circuits have been split, but I believe from this day forward, the officials can be held liable.

    Parent
    Well, I'll leave it to the professional comedians (5.00 / 2) (#3)
    by ruffian on Thu Jun 25, 2009 at 10:49:02 AM EST
    to have fun with that dissent.

    Wasn't Thomas also the only dissent on the Voting Rights Act ruling this week? Interesting - Scalia not far enough right for him these days?

    Clarence is nothing (5.00 / 2) (#6)
    by Capt Howdy on Thu Jun 25, 2009 at 11:06:26 AM EST
    if not consistent.

    Clarence Is (none / 0) (#61)
    by norris morris on Mon Jan 11, 2010 at 09:21:08 PM EST
    Consistently nothing.

    Parent
    I object to schools and colleges (5.00 / 2) (#11)
    by oldpro on Thu Jun 25, 2009 at 11:30:42 AM EST
    having any police powers whatsoever.  It gives far too much power to untrained people in positions of authority over students who have little or no concept of their rights as citizens.

    Administrators have incentives at the college level to cover up/deny crimes to protect the public face of the college who are trying to attract enrollees...even the military academies -- witness the rape coverups.  At the high school/middle school levels, the goal is to establish authority and intimidate students into 'behaving.'  They have little concept of 'innocent until proven guilty.'

    School people stripsearching a student tells you how far this crap has gone.  In the 60s/70s it was 'the length of the boys' hair and the shortness of the girls' skirts' that drove school folks mad.

    Control:  One reason authoritarian types go into school administration, law enforcement.

    It's a problem.

    I agree (none / 0) (#13)
    by Capt Howdy on Thu Jun 25, 2009 at 11:36:59 AM EST
    having been sent home for hair length and shirt-tale out probably set me on my lifelong crusade against authority figures.

    the putzy picked on mammas boys always seem to grow up to be school principals and policemen.

    Parent

    All I can say is, thank dawg (5.00 / 4) (#22)
    by nycstray on Thu Jun 25, 2009 at 12:00:29 PM EST
    I got to go to the new Jr HS and HS. The HS was a very open campus and pretty much "liberal" in their views with lots of "cool" teachers and a decidedly different mind set to the traditional HS set up. They did have a rule about wearing shoes, which I consistently broke the whole time I was there :) It was a running joke by the time I was a Sr, lol!~

    I can't even imagine being strip searched! I find it amazing anyone would think it's okay.

    Parent

    So, did you go shoeless (none / 0) (#26)
    by oldpro on Thu Jun 25, 2009 at 12:04:42 PM EST
    BECAUSE it was against the rules or was that coincidental?

    Sounds uncomfortable and unattractive to me...especially in winter or in a city...!

    Parent

    I lived in Ca (5.00 / 1) (#32)
    by nycstray on Thu Jun 25, 2009 at 12:28:46 PM EST
    I went shoeless for comfort. I spent much of my time shoeless as a kid (lived in a desert climate for many years), and it's always just been more comfortable. I did wear shoes when cold, but the minute warmth hit. We were allowed to dress pretty much as we wanted, shoes were a "safety" issue. The school officials would walk by me, not even looking at my feet, and just say "shoes, G***". I always hand a pair of sandals in my locker or bag. In class it was never an issue with my teachers. I did wear shoes when I was working in the Daycare center, I am respectful of certain things  :) The only sports I wore shoes for was baseball, but had to take them off when I was up to bat. Can't sprint in those freaking tennis shoes (this was before the cool, light weight runners they have now!). I should mention, this was mostly an outdoor campus. Walkways and grass, not institutional hallways.

    Parent
    On the other hand (none / 0) (#16)
    by jbindc on Thu Jun 25, 2009 at 11:38:26 AM EST
    Students shouldn't be allowed to do whatever the he!! they want either.

    Parent
    Whaaa? Di you think (5.00 / 1) (#17)
    by oldpro on Thu Jun 25, 2009 at 11:53:23 AM EST
    that I (or anyone) was advocating that students be allowed to do anything they want?

    I am advocating for calling the civiian cops when there is accusation of a crime on school property.  Off school property?  None of 'the school's business.'  Somehow, schools take on all kinds of authority over kids just because they are of school age....6-18.  Interestingly, the home school movement has avoided this crap with 'the schools.'

    Parent

    My bad (5.00 / 2) (#25)
    by jbindc on Thu Jun 25, 2009 at 12:04:09 PM EST
    I guess the thing is (daughter of a former teacher, here!)...many people, including many on this blog, go to town if a juvenile is charged as an adult with a crime - we hear about studies showing how kids' brains aren't fully developed, they aren't responsible for bad judgment, they should be treated as kids, blah, blah, blah.  Well, then why do some of those people freak out when schools impose rules that wouldn't necessarily be imposed on adults? Obviously, kids need more structure in the learning environment and rules and discipline, because (as studies show, right?) that they do not possess good judgment skills to know that running in the hallway can get someone hurt, lighting unknown substances in the chemistry lab can be dangerous, and taking someone else's prescription drugs (or regular Tylenol / Ibuprofen / Midol) could be lethal.

    Just my thoughts on the overall concept, and not the strip search specifically.

    Parent

    Hmmm...well, I'M a former (5.00 / 3) (#27)
    by oldpro on Thu Jun 25, 2009 at 12:09:22 PM EST
    teacher, former school board member and former college trustee and a parent as well.  No one ever accused me of being too easy on kids, disciplinewise, at home or at school.

    The question is, what are the boundaries and what should they be?  Not to mention, how effective is the school at enforcement and how effective are they as educational leaders?  What the hell is their mission, anyway?

    It isn't law enforcement.  

    Parent

    Thankfully, (5.00 / 2) (#34)
    by jbindc on Thu Jun 25, 2009 at 12:36:44 PM EST
    I'm not writing educational policy - saw my mom's job as a teacher and decided that was way too much work and got degrees in business and law instead.  I have the utmost respect for the job teachers do and what they have to put up with for the pay they receive.

    My take:

    1.  Schools can't be run as businesses.  There is no control over the raw material input (which is 100% defective, since you are dealing with people and not parts), and it's an (almost) all labor-based business.  It's also hard to judge the output, as it will never be uniform, nor may the results be seen immediately.

    2. Schools are responsible for students' education, safety, health, and welfare on school property, or at a school function.  If Johnny wants to pop 12 ibuprofen on the street corner, then it's entirely Johnny's parents' problem if he gets sick.  If Johnny wants to pop 12 ibuprofen at school, however, then it becomes the school's  (acting as in parentis loco) problem as well.

    I guess the argument can be made that if we don't want schools telling students they can't take ibuprofen for cramps or headaches, then we should not expect the schools to be responsible for calling 911 or taking care of those same kids when they get sick (especially, as my mother found out when she called a parent because one of her kindergartners was sick, and the mother told her she couldn't get off work and the kid was my mom's problem during the day.)

    Then, of course, there's another problem - if kids are given too much freedom at school, then that can be disruptive to other kids trying to learn.  If someone wants to be funny and takes 12 ibuprofen at lunch (back to that lack of judgment thing again!) and vomits in the middle of a math test, he has disrupted the entire class, and this little episode has ceased to be just about him - he has now involved 25 other people in his stupidity.

    Long answer to your question - the boundaries are just what the Supreme Court has said it is - schools are allowed to impose rules / discipline on those actions that cause material disruption to the pedagogical process. That used to mean within the confines of the school house and school yard.  But with technology, those boundaries have widened (imagine a student skipping school, who decides as a joke, to call everyone of his friends in a certain science class while they are taking a test - he has disrupted the educational process and should be held accountable, even if he was in China when he made his call.)

    Parent

    thankfully. (none / 0) (#36)
    by cpinva on Thu Jun 25, 2009 at 12:55:52 PM EST
    Thankfully,
    I'm not writing educational policy

    clearly, any activity, whether it's initiated on or off school property, that adversely affects the educational process, is rightfully addressed by the school, and such civilian law enforcement agencies as are necessary.

    your example of the student skipping school, but calling his buds in class is a clear example of that; he's not physically in the building, but his actions directly affect the class. same with calling in a false bomb threat, from outside of the school. there is a clear, direct link established.

    setting up a web site, from your home pc, which contains scathing comments about fellow students, teachers and administrator's of your school doesn't meet the "direct link" test, and therefore should be beyond the school's scope of disciplinary authority. yet, there are cases where exactly this has been asserted. i get the sense, from your post, that you would agree with this.

    my suspicion, re: thomas: he was having fond memories of coke cans.

    Parent

    Thankfully (5.00 / 1) (#49)
    by jbindc on Thu Jun 25, 2009 at 02:08:49 PM EST
    Many others on this blog are also not writing policy, educational or otherwise.

    And your example of setting up a web site from home I understand - that's free speech.  And yes, schools have tried to punish students, and for the most part, have failed.  However, there are cases where it has been asserted and the school had every right to discipline - if the home-based web site was accessed at school, for example, or if offending pictures posted on the site were taken on school proprety. (And of course, these things only apply to public schools - private school students do not enjoy as many "freedoms" as public schools - for example, they may be required to take down home-based websites and there is nothing they can do about it but try to sue [and probably lose, because it is a contract-based arrangement]).

    Actually, if I was writing school policy and had a free reign to do what I wanted, I would start with making the parents and students more accountable for a whole host of things.  As kdog said - it would take the school out of the equation. A kid acts up or talks back to a teacher - BOOM - home you go, to be your parents' problem and the student could come back when they learned to behave.  It would make teaching much easier, and my guess is, testing scores would go up.

    Parent

    As far as disrupting class (none / 0) (#44)
    by Militarytracy on Thu Jun 25, 2009 at 01:43:45 PM EST
    Real life gets disrupted all the time without any sort of warning.  We all go to terrific lengths attempting to insure a teaching environment that is not disrupted and we are pretty successful.  The occassional disruption of some student doing something stupid....not pertinent, not realistic to focus so much concern on, and no representaton of how to overcome infrequent obstacles or teach remaining in or regaining focus and therefore a very sterile environment...which does not exist anywhere else.  I think it is silly to insist that teaching take place in a "sterile" environment and then expect real people to take those skills that were taught to the streets and  use them automatically in such a nonsterile.  environment.

    Parent
    And reading this story I have to ask (5.00 / 1) (#41)
    by Militarytracy on Thu Jun 25, 2009 at 01:31:20 PM EST
    myself why not suspend?  My daughter had to deal with being suspended once.  I think it did her a lot of good verses being stripped down to her drawers in the name of remedying dangerous behavior.  And as a parent I would have been furious!  Put my kid in a time out...fine...degrade and violate my child though and there will be trouble.

    Parent
    I think thats the solution... (5.00 / 2) (#42)
    by kdog on Thu Jun 25, 2009 at 01:37:06 PM EST
    to a lot of disciplinary problems at school no teacher/administrator should have to deal with...just send the kid home to mom and/or dad.  It is a parents responsibility to send their kid to school ready to learn and ready to behave...if they can't, the school should do nothing but them send them home till they can.  Keeps the school from overstepping their bounds, and keeps the troubled kids from being a disruption to the kids who are ready to learn.

    Schools are confused with day care centers by some parents.  I know it will be very hard for single parents or homes where both parents work...but thems the breaks, its not the school's problem...raise your kids right, you brought 'em into the world, and nobody said it was easy.

    Parent

    Works for me (5.00 / 1) (#45)
    by Militarytracy on Thu Jun 25, 2009 at 01:44:36 PM EST
    And I even had one of those kids.

    Parent
    But if every conception must be born (5.00 / 1) (#46)
    by Militarytracy on Thu Jun 25, 2009 at 01:46:39 PM EST
    I guess we can't expect people to go to such great lengths and display terrific dedication to their reproductive choices :)

    Parent
    And that's part of the problem. (5.00 / 1) (#58)
    by oldpro on Thu Jun 25, 2009 at 08:52:21 PM EST
    The other part is some kids escape from 'home' to school.  I would want another choice than to send them to the worst place in their lives.  (Disclosure...I taught for 4 years in a juvenile institution....mostly kids from truly lousy homes who ran away and ended up in state custody in the 60s.  As their parole dates came due, many kids ran rather than have to go home to drugs, alcohol and family violence...not to mention sexual abuse.

    One send-them-home rule doesn't fit all.

    Parent

    Good point... (none / 0) (#59)
    by kdog on Fri Jun 26, 2009 at 11:15:34 AM EST
    some kids come from awful homes where their basically doomed from the start...though I think thats when child protective services has to get involved, it is not fair to the other kids to keep a deeply troubled kid in class just because home is rife with neglect and abuse.

    Schools can't be anything and everything...they can't attempt to solve all of societies problems regarding kids and still find time to educate the kids without problems..once a problem arises beyond reading, writing, and arithmetic thats a time to call the parents, or if the parents are abusive, the child protection authorities.  I don't think educators should also have to wear the hat of a babysitter, social worker, law enforcement officer, etc...just the educator hat.

    Parent

    In my county, all of the schools have (5.00 / 2) (#48)
    by Anne on Thu Jun 25, 2009 at 02:01:26 PM EST
    an on-site "school-resource officer," which is a less threatening label for "police officer."  Not sure if they are in the elementary schools, but for sure they are in the middle and high schools.  If there's a problem of the possibly criminal kind, "unrest," threats called in, whatever - no need to wait for a cop to show up - there's one right there.

    Gave me the heebie-jeebies when it was first instituted, for all the reasons you might imagine.  I know there could be situations where I could be glad there was a cop there, but I can also think of reasons why it's a bad idea.

    When my older daughter got to middle school, the county instituted a new policy on OTC medications: parents could fill out and check off which medications their child was permitted to take, and if the child needed a cough drop or an Advil or a Tylenol, he or she just had to go to the nurse and ask for it.  With a no-tolerance drug policy in place, parents insisted that their children had to be able to take an Advil or an antihistamine at school, if needed, and not be expelled because they had one of these drugs in their purse or locker or pocket.  It was ridiculous to have to call parents to come in to the school for the express purpose of giving their child an OTC medication.  While going to the nurse might also not be the ideal way to handle things, there is something to be said for an adult having the opportunity to assess whether the child has something a lot more serious going on than just a simple headache.  I see nothing wrong with "I have a sore throat, can I have a throat lozenge" being followed by "let's see if you have a fever, and let me take a look" if it means that maybe I find out that my kid might have strep and need to see the doctor - or maybe someone else's kid has strep and would otherwise be passing the bacteria on to others.

    To each his own.  My kids are out of the school environment, but you can be sure that if someone was going to ask my daughters to strip down to their underwear, I had better be present when it happens.

    You'd think that Thomas (none / 0) (#9)
    by Radiowalla on Thu Jun 25, 2009 at 11:14:29 AM EST
    would be embarrassed to be left all by his lonesome in the dissent.

    Strip searching young girls! The very idea!  

    I don't know what that says... (5.00 / 2) (#10)
    by kdog on Thu Jun 25, 2009 at 11:16:25 AM EST
    about Clarence...but dirty old man comes to mind.

    Parent
    To me... (5.00 / 2) (#12)
    by MileHi Hawkeye on Thu Jun 25, 2009 at 11:33:08 AM EST
    ...it says that old Clarence has yet to met a strip search he doesn't like.  Perhaps a bit of projection on his part?

    Parent
    Pains me to say... (5.00 / 3) (#15)
    by kdog on Thu Jun 25, 2009 at 11:38:23 AM EST
    but the bright side of Clarence the Authoritarian having a lifetime gig is he will never end up a being school principal.

    Parent
    or (none / 0) (#21)
    by Capt Howdy on Thu Jun 25, 2009 at 11:57:52 AM EST
    a policeman

    Parent
    Interesting (none / 0) (#14)
    by jbindc on Thu Jun 25, 2009 at 11:37:20 AM EST
    Didn't realize all the facts - not that it justifies a strip search, but there were knives and razor blades involved as well.

    From Thomas' dissent (took out all the citations):

    Here, petitioners had reasonable grounds to suspect that Redding was in possession of prescription and non-prescription drugs in violation of the school's prohibition of the "non-medical use, possession, or sale of a drug" onschool property or at school events.... As an initial matter, school officials were aware that a few years earlier, a student had become "seriously ill" and "spent several days in intensive care" after ingesting prescription medication obtained from aclassmate. Fourth Amendment searches do not occur in a vacuum; rather, context must inform the judicial inquiry. In this instance, the suspicion of drug possession arose at a middleschool that had "a history of problems with students usingand distributing prohibited and illegal substances on campus."

    The school's substance-abuse problems had not abated by the 2003-2004 school year, which is when the challenged search of Redding took place. School officials had found alcohol and cigarettes in the girls' bathroom during the first school dance of the year and noticed that a group of students including Redding and Marissa Glines smelledof alcohol. Several weeks later, another student, Jordan Romero, reported that Redding had hosted a party before the dance where she served whiskey, vodka, and tequila. Romero had provided this reportto school officials as a result of a meeting his mother scheduled with the officials after Romero "bec[a]me violent" and "sick to his stomach" one night and admitted that "he had taken some pills that he had got[ten] from a classmate." At that meeting,Romero admitted that "certain students were bringingdrugs and weapons on campus." One week later, Romero handed the assistant principal a white pillthat he said he had received from Glines. He reported "that a group of students [were] planning ontaking the pills at lunch."

    School officials justifiably took quick action in light ofthe lunchtime deadline. The assistant principal took the pill to the school nurse who identified it as prescription-strength 400-mg Ibuprofen. A subsequentsearch of Glines and her belongings produced a razor blade, a Naproxen 200-mg pill, and several Ibuprofen 400-mg pills. I When asked, Glines claimed that she had received the pills from Redding. A search of Redding's planner, which Glines had borrowed, then un-covered "several knives, several lighters, a cigarette, and a permanent marker."  Thus, as the majority acknowledges, the totality of relevant circumstances justified a search of Redding for pills.



    Sorry but this is still ridiculous to me (5.00 / 1) (#18)
    by Militarytracy on Thu Jun 25, 2009 at 11:54:29 AM EST
    I have a very open relationship with my daughter and none of this worries me a bit other than maybe the knives.  Many of the kids in high school with my daughter had stashes of items that "challenge authority".  Kids experiment with smoking...drinking...sex.  Cripes, when I was a cheerleader in High School we used to bring a thermos of hot chocolate that was laced with peppermint schnapps and drink it on the job while chewing Dentyne.  At half time we all piled into one bathroom stall and passed cigarettes around.  Down With the Man!

    Parent
    umm . . . at the point of the planner search (5.00 / 1) (#30)
    by nycstray on Thu Jun 25, 2009 at 12:15:18 PM EST
    didn't they have enough to hold her and perhaps bring the police in if they felt the need to continue? I can tell you, that's what have been done in my school. Parents called first of course. It's really pretty basic. You have evidence that what the one kid said was true, at that point it's not like they were looking for a needle in a haystack (not that that would make the search okay!), you have enough to contact the parents, and police if you don't want to wait for the parents.

    I'd like to hear more about this "party" the 13yo "hosted".  

    Parent

    Schools as cops. Great. (none / 0) (#19)
    by oldpro on Thu Jun 25, 2009 at 11:55:22 AM EST
    No wonder 'education' is such a goddam mess with up to a third of kids dropping out before graduation.

    Hello?

    Parent

    This case is always referred to as (none / 0) (#20)
    by oculus on Thu Jun 25, 2009 at 11:56:42 AM EST
    a "strip search" but perhaps it wasn't, as the news reports also state the girl was asked to shake out her bra and underpants.  If she still had them on, that isn't a strip search..

    Also, the full name of the girl, who was 13 at the time of the search, is included in today's news accounts.  Why?  And her photos as a 19-year old are all over the web.

    Sounds like semantics to me. (5.00 / 2) (#23)
    by MileHi Hawkeye on Thu Jun 25, 2009 at 12:02:32 PM EST
    "Strip search" or not, is it any less degrading?  

    Parent
    I believe Ms. Redding decided, (5.00 / 2) (#24)
    by Peter G on Thu Jun 25, 2009 at 12:04:05 PM EST
    after turning 18, to go public, give interviews etc. to help maximize the educational value of the case for promoting and advancing the civil liberties issue of students' rights.  What surprises me is the publication of all those other kids' names.

    Parent
    Thanks. (5.00 / 1) (#31)
    by oculus on Thu Jun 25, 2009 at 12:16:31 PM EST
    I'm a kid in my underwear and bra (5.00 / 3) (#28)
    by Militarytracy on Thu Jun 25, 2009 at 12:11:18 PM EST
    being ordered around by adults who are only aquaintances to me and more strung out on their perceived authority than addressing actual danger.  I'm being very violated.  I'm pretty naked.

    Parent
    And not just a kid but a GIRL (none / 0) (#33)
    by oldpro on Thu Jun 25, 2009 at 12:32:09 PM EST
    kid undresssed in front of...men?  Any men in this scenario?

    Most schools are interested in the girls showing more modesty in their dress at school.  This seems to send the opposite message...ironic, no?

    Few school administrators are accused of consistency...or even of making sense when discipline of students is the issue.

    Parent

    She undressed (5.00 / 1) (#35)
    by jbindc on Thu Jun 25, 2009 at 12:37:21 PM EST
    in front of the female nurse

    Parent
    Just the facts, ma'am. (5.00 / 1) (#38)
    by oculus on Thu Jun 25, 2009 at 01:03:31 PM EST
    Thomas is quite an embarrassment. (none / 0) (#29)
    by tigercourse on Thu Jun 25, 2009 at 12:15:13 PM EST
    He belongs on a Kangaroo court, not the Supreme court.

    Immunity? (none / 0) (#40)
    by dead dancer on Thu Jun 25, 2009 at 01:30:08 PM EST
    The Court also ruled, however, that the school officials are immune from personal liability for the strip search.

    What would prompt them to grant immunity?

    Shouldn't these individuals be held to a higher standard? What lesson do kids come away with?

    Geez!

    Governmental immunity (none / 0) (#47)
    by jbindc on Thu Jun 25, 2009 at 01:57:38 PM EST
    Government employees are not (usually) held personally liable for torts they commit within the scope of their employment.

    Parent
    Specifically, for the last 20 years or so, (5.00 / 1) (#52)
    by Peter G on Thu Jun 25, 2009 at 03:17:36 PM EST
    ... local government officials have not been held personally financially liable for violating individuals' federal constitutional rights, when sued under civil rights laws, unless it was already "clearly established" by precedent at the time of the challenged conduct, that the officials' actions would violate the individual's federally guaranteed rights.  This is referred to as "qualified immunity."

    Parent
    One of the elements of (none / 0) (#53)
    by oculus on Thu Jun 25, 2009 at 04:49:49 PM EST
    qualified immunity is notice, based on an objective standard.  Should a public employee have known this conduct was unconstitutional?

    Parent
    Whom are you asking? (none / 0) (#55)
    by Peter G on Thu Jun 25, 2009 at 05:09:25 PM EST
    Six Justices said no; although the strip search violated the Constitution, school officials in October 2003 wouldn't be expected to know this.  Two said yes, it was clear under existing precedent as of 2003 that the strip search was unconstitutional.  One said the officials' conduct wasn't illegal at all.

    Parent
    Not asking anyone. Your definition of (none / 0) (#56)
    by oculus on Thu Jun 25, 2009 at 05:36:12 PM EST
    the notice element of qualified immunity was much more precise than mine.  But, hey--I'm retired!

    Parent
    Well, (none / 0) (#43)
    by bocajeff on Thu Jun 25, 2009 at 01:41:44 PM EST
    I would have much preferred someone getting sick on the pills or using the knives than someone getting humiliated. Now, was the humiliation in the strip search or in getting caught???

    Scalia has been trending away (none / 0) (#50)
    by AX10 on Thu Jun 25, 2009 at 02:39:31 PM EST
    from his usual authoritarian positions in the past few years.  I wonder what has gotten into him.

    As for Thomas, I expect nothing good out of him.

    Perhaps he is still looking for that pubic hair?

    first I heard of knives here? (none / 0) (#54)
    by diogenes on Thu Jun 25, 2009 at 05:01:03 PM EST
    So was Redding carrying knives in her planner the day she was searched?  Everything I've read on this site makes her out to be an exemplary Sunday School student.  What gives here?

    Still (none / 0) (#57)
    by jbindc on Thu Jun 25, 2009 at 05:40:24 PM EST
    wouldn't justify a strip search.  Shoulda called the cope and her parents

    Parent
    Is that what you really want? (none / 0) (#60)
    by diogenes on Fri Jun 26, 2009 at 04:51:04 PM EST
    I guess the school should call cops in all the time and have the cops do strip searches.  Hey--I'm fine with having more armed cops visit schools periodically.  And maybe if the cops are called and oxycontins are found (since there would be a just cause for search) then a lot more kids would be arrested.  


    Parent