Posted on 09/30/2007 6:09:41 PM PDT by FreedomCalls
Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.
The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court's summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl's Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.
The Safford School District has since (in 2005) adopted a policy that states, "Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
The girl's mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.
In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school."
Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.
The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.
Judge Richard R. Clifton, however, disagreed with Thomas and Judge Michael Daly Hawkins, and wrote the dissenting opinion.
"I disagree, however, with the assertion that the search of (the girl's) person was reasonable in scope," Clifton wrote. "It was unreasonable to force (the girl), a 13-year-old girl, to expose her breasts and public area to schools officials."
Safford School District Superintendent Mark Tregaskes said school officials do not see the Appellate Court's ruling as giving them the OK to strip search students when possession of over-the-counter drugs are suspected.
"That's never been the case either before or after this decision," Tregaskes said, adding that the term can be misleading.
He also said parents are usually notified, depending on the circumstances.
A school district policy, adopted in 2005, states, "School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety and welfare of the student(s) exists. Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."
School district policies also state that students cannot possess or take over-the-counter drugs without the written consent of their parents. Over-the-counter drugs must be brought to the school in its original container and be administered by a school official, the policy states.
Under certain circumstances, however, students may administer medications to themselves if they provide written permission from their parents.
They strip searched a 13-year old girl for being suspected of possessing Motrin! If I were her parents there would be hell to pay.
Hey, it was motrin. Now, if only she had been stashing condoms, none of this would have happened.
i sense the natives getting restless.
Private schools, anyone? Home schooling?
The same school nurse would probably recommend and even drive the kid to a Planned Parenthood clinic if she got pregnant.
Vouchers maybe ???
Pathetic...
Is this satire?
For that, they would have given her a gold star.
Judge Richard Clifton:
Richard R. Clifton is a federal judge on the United States Court of Appeals for the Ninth Circuit. He was nominated by President George W. Bush on September 4, 2001 and confirmed by the United States Senate 98-0 on July 30, 2002. He was Bush’s first appointment to the Ninth Circuit.
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Why would you think this is satire ???
School officials have no business strip searching anybody at any time. The police should be called in to conduct any search required.
That should eliminate the conduct of these intrusive searches in order to enforce school rules and limit them to situations where actual laws have been broken.
Ibuprofen? What is this world coming to?
Disband public schools altogether and start all over, this is total madness.
Two women in the room would have been sufficient for the stated purpose. If the principal participated he is a pervert, imo.
If someone dared to strip search my daughter in school at the age of 13 yrs old I would flip. At the very least they could have called the parents. I would rip my daughter out of that school right then & there. I would most likely have ended up in jail for smacking the sh!t of the the ones who did it too.
I cannot imagine school officials, of any flavor, strip searching my daughter.
It could not happen in my little town, without a fervent revolt immediately following.
Leda? Can the folks at the school strip our daughter, or would you object?
As long as the campus lesbian teacher was allowed to do the search...
Well your “little” town is just that,a “little” town and I happen to believe the story !!!
I'm shocked that the principal and the nurse wasn't arrested for sexual assault in this. 13!
Oh, I forgot. 13 is the consent age for an abortion, according to the NEA.
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