Posted on 06/18/2005 8:23:43 AM PDT by tuffydoodle
Girl, 15, Sues School Nurse Over Pregnancy Test Lawsuit Claims San Marcos Student's Privacy, Rights Violated
AUSTIN, Texas -- A 15-year-old San Marcos girl and her father have filed a federal lawsuit against her school nurse, who allegedly forced the girl to take a pregnancy test.
The lawsuit claims that nurse Dyanna Eastwood called the girl to her office and told her that a student at another school claimed he impregnated her. Eastwood insisted the girl take the test, according to the lawsuit.
The girl said she did not have sex with the boy and denied that she was pregnant. The girl's lawyer also said she was not pregnant. The suit, which was filed Wednesday in U.S. District Court in Austin, claims the girl's privacy and constitutional rights were violated during the January event.
The lawsuit, which seeks unspecified damages, claims Eastwood violated the girl's Fourth Amendment right against unreasonable search and seizure.
"I remember the incident," Eastwood said. "Is that how it went down? No, of course not."
She declined to comment further, saying she wanted to seek legal advice.
The lawsuit also names the San Marcos Consolidated Independent School District as a defendant. The district's general counsel, Juan Cruz, declined to comment, saying officials have not been served with the lawsuit.
"This whole thing is intrinsically wrong," said John Hindera, the family's Austin lawyer. "She's a 15-year-old girl that's suddenly being confronted with having sex and being pregnant."
Hindera said that Eastwood did not threaten any consequences if the girl declined to take the test, but that the girl felt she had no choice because the nurse is an authority figure.
When the girl's father asked Principal Chad Kelly about the pregnancy test, the father was handed a piece of paper citing a section of the Texas Family Code stating that a child may consent to medical treatment by a licensed physician if the child "is unmarried and pregnant and consents to hospital, medical or surgical treatment, other than abortion, related to the pregnancy."
Hindera said even if the girl agreed to take the test, that consent isn't valid under Texas law because of her age.
Unbelievable. I'd be a pissed Dad too.
Beyond all of the issues above, I'd really like to know what the nurse/school would have further done in the case of a positive result (no, I'm not accusing the girl - hardly - but since they've apparently got a policy that allows this intrusion without parental involvement, how much further does this go?).
Reason 42,583,722,508,681,307
I literally hate the people who run this nation's education system
If the story presented is accurate, then the school district needs to fire the stupid nurse and then get ready to pay big time.
Why did the "boy" initiate this fiasco? What might he expect to gain? What does anyone think he could expect to gain?
So...with abuse by school officials happening all over the country I want to hear who is going to defend the cesspool of the public school system (Oh..I know - there are many that will say "Yes, the are problems...but MY school is different")
The NEA (socialist-liberalism) National Education Association!
And we thought that we had a say in how our tax dollars were being spent in our school systems!
Roger, that. Ground zero for this nations ills.
"I remember the incident," Eastwood said. "Is that how it went down? No, of course not."
What normal school nurse talks like that? Is SHE a gangbanger?
"Is that how it went down?" Indeed.
WHAT BUSINESS is it of the school?
Oh how right you are.
The nurse is supposed to be both caring to and in charge of the students who see her, so she runs THAT part of the school system. Apparently, she very much enjoys the "in charge" part.
Now, THAT is probably correct. At least, I hope so. :(
I disagree. The nurse felt free to act as she did because she is employed by the public school system.
Check out the next-to-last paragraph of the article -- I kinda don't think the nurse can be accused of being a maverick by any stretch of the imagination.
Not sure about schools anymore. There sure seems to be a lot more time spent with kids pants off in school nowadays.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.