Court to hear case of teen strip-searched for ibuprofen

[bemildred]

Source: CNN

WASHINGTON (CNN) -- A 13-year-old Arizona girl who was strip-searched by school officials looking for ibuprofen pain reliever will have her case heard at the Supreme Court.

The justices accepted the case Friday for review. They will decide whether a campus setting gives school administrators greater discretion to control students suspected of illegal activity than police are allowed in cases involving adults in public spaces.

Arguments are expected to be heard in April.

At issue is whether school administrators are constitutionally barred from conducting searches of students investigated for possessing or dealing drugs that are banned on campus.


Read more: http://www.cnn.com/2009/CRIME/01/16/teen.strip.search/

---

I imagine there is one heck of a civil lawsuit at issue here too.

[BlooInBloo]

1. It will go poorly for any "school official" I find out has touched my daughter.

[bertman]

5. "It will go poorly . . ."

I LOVE that!!!

[DissedByBush]

21. I shal list off some numbers

.22
.303
.38
.44
5.7
6.5
12

Take your pick, he who violates my daughter.

[FiveGoodMen]

2. As Doug Stanhope said ...

The pledge should end:

"...with liberty and justice for all!
Must be 18,
Void where prohibited,
Some restrictions may apply,
Not available in all states."

[Sen. Walter Sobchak]

3. When I was 13 my teacher gave me something for a headache out of her purse

I wonder how many years that would get Mrs. Chapman today,

[sasquatch]

4. Jesus, how fucking crazy is this principal

[Ka hrnt]

36. I agree...

Honestly, what a complete moron. I agree with the other poster regarding "Zero Tolerance = Zero Brains." It seems to be used by admins as a cop-out from having to make a decision (i.e., doing their job). I had one good administrator at my former high school where I taught and after she quit, they (I quit the same time) were left with two imbeciles and a fool running the place--none of whom had ever taught at the high school level! Is it just me or are the dumbest people in our education system the ones who are ostensibly leading it?

[proud2BlibKansan]

39. It's not just you

In nearly 30 years, 90% of the principals I have worked for have been completely worthless.

[sasquatch]

41. Yeah, that's why I hate state school boards because they always say your light in administration

In other words they're a species of beings that sit around with their thumbs up their asses 90% of the time and they make out like bandits simultanously. They then want us to perpetuate this cycle.

[aquart]

40. Has the idiot never heard of cramps? Migraines?

[Runcible Spoon]

6. BURN HER! AND BURN THIS KID WHILE WE'RE AT IT TOO!

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=4841389&mesg_id=4841389

[99th_Monkey]

7. Since when is "ibuprofen" an illegal drug? Score another Big "FAIL" for the "war on drugs" ~nt~

[dflprincess]

13. The high school most my nieces and nephews attended had the same kind of goofy policy.

Students were not allowed to have any drug - OTC or prescription in their possession. If you needed or wanted to, you could leave your medication with the school nurse who then dispense the correct dosage to the student when they dropped by her office.

I tried to get my niece to lead what I was planning to name "The Great Midol Rebellion". I thought all the girls at the school (about 1200) should leave a bottle of Midol with the nurse - I figured that on any given day up to 300 girls might be dropping by the office to get a dose of Midol. My theory was that things would change pretty quick if that happened.

But, my nieces informed it was easier to just break the rules and keep their OTC pills in their purses.

[crikkett]

33. If that isn't 'dumbing down' I don't know what is.

A teenager can't be trusted with Midol?

[AnneD]

38. And they have started sending out the drug dogs in our district...

Sniffing teachers cars. Some of the sadder cases-a beloved art teacher that had her days prescription meds in her purse and not in labeled bottle-I think she may be fired and is going to fight it. A man that had his father's meds (his care taker) and a mom that had her child's meds were caught. Our science teacher was quizzed because she had crushed cans -including beer cans-to take in for recycling.

They say we should get our car detailed if we loan it out (you never know what your kids or valet parking may do)and who can afford that. I forgot to take the sealed wine bottle that I had bought from Costco late one night. Didn't realize they were still in there until the next day. I could have gotten fired because I was tired and forgot to unpack the trunk of my car.

The only good thing that has come out of this is that Union membership is increasing on the campuses they visit. And those that were innocently charged (at the request of the union) have been writing letters to the board expressing how humiliated they felt at being treated like this. Talk about eloquent letters.The only thing missing is a cavity strip search on the dog and pony shows.

And what are they going to do when they start nabbing parents and student? I am at an elementary school. I have little kids bring OTC to school all the time and sometime they get into the medicine cabinet and bring stuff to school with out the parents knowing. Lucky for them the teachers send them to me and as a school nurse I still have some common sense. I just call the parent and let them know what happened. I then use this as a teaching moment and tell the child why we don't do this and why it is dangerous. I never have a repeat offender. I dealt with this in middle and high school and had the same good results (it was a rural school). We had illicit drugs around-but OTC's were handled reasonable.

[99th_Monkey]

42. Reminds me of why I hated school so much

until I got into college that is. funny story. thanx for sharing..

[AwakeAtLast]

32. It's called "No Tolerance"

which to me means "no brains".

Any child that has any substance that is not kept in the nurse's office (or main office if there is no nurse) is subject to expulsion. I wish I were kidding. :(


edit to add: This policy does NOT include strip searching. This principal is on their own on this one. Our district policy is to call law enforcement immediately and let them handle the situation.

[99th_Monkey]

43. "calling law enforcement" may have turned out even worse.

she'd probably have been tasered as well as strip searched.

it's been so long since i've had to deal with school officials & rules, i guess i'd forgotten
how utterly stupid so much of what goes on there has become.

[benld74]

8. If it ws my daughter, her father would be facing charges of his own

I KNOW the schools have rules, my kids private school does, BUT RULES have a limit, and in my humble opinion the limit was severly passed. I would have their jobs, the school district would be paying my kid for years, and make a public apology to my daughter and her whole class!
This is pure bullshit.

[FirstLight]

9. Geez! are you kidding me?

This is yet another example of a police society gone horribly wrong! My teen and I were discussing this, he says the girls in his school have tylenol and such for cramps, and what about the football players who may have injuries and ned anti-inflammatories. He says it "isnt to hard to know who is using REAL drugs" ...and that school officials should focus on the real problems, not the regular kids...

ahhh wisdom from youth!

and if ANYONE dared to touch MY Daughter, they would have a baseball bay shoved up their ass before they know what happened!

[reggie the dog]

35. just to pick a bit but

most kids using "real drugs" are smart enough to not bring them to school. We used to drop our weed off in the morning at the house we would go smoke at for lunch. We would be high in school all day long but never carry anything in the building or on campus in our cars.

[eilen]

46. I think the kids in my son's high school keep their pot behind

a loose brick in the wall of the school.

He says about 80% of the kids get high. Actually, the school is more intent on having my kid freeze to death with their in-school jacket ban. The school is so big, and the halls so congested, my son does not have the time to get to his locker everyday. He's forgotten his combination. All the kids go to school wearing hoodies. This week, with the subzero temps, I kept him home one day, on the others, he doubled up on his long underwear, and still went out with his hoodie.

[AndyTiedye]

10. Does the Fact that they Accepted the Case Mean they Will Rule for the School?

The appeals court ruling was spot on. The school was strip-searching kids for ibuprofin! Way over the top! :wtf:

It is bad news that the Supreme Court wants to review this ruling.
Scalia-Thomas-Alito never saw an invasion of privacy they didn't like, and Roberts isn't much better.

[FailureToCommunicate]

16. Maybe Palin couldn't think of any, but we should remember "Tinker vs Board

of Ed." Decision in favor of students rights: "The student does not leave the Bill of Rights at the schoolhouse gate"

[nolabear]

11. When I was fourteen

I had an ulcer. My mother had died, my father had gone off to Southeast Asia (late sixties) and I was living with my grandparents in a litle Mississippi coast town. I was prescribed "Donnatal," a belladonna derivative that, if you took about a billion of them and didn't die from the side effects, might conceivably give you a teensy buzz. I had to give them to the principle and report to his office twice a day to receive one and take it under supervision so I wouldn't sell them. I was humiliated and outraged. Needless to say, that ulcer went untreated and I spent some considerable time recovering without them.

Children should not be humiliated. It was a ibuprophen, you fools.

[lostnfound]

29. Children should not be humiliated.

That sums it up nicely.

[jazzjunkysue]

12. Here's why the student is going to win this and get damages from the school:

"A search of Redding's backpack found nothing. Then, although she had never had prior disciplinary problems, a strip-search was conducted."

The standard for probable cause is not met and the threat does not excuse this direct violation of the student's rights.

A smart principal who really seriously suspected drug dealing would have called the parents and sent them home.

If it had been a hard illegal drug, then they might have had probable cause that another child's safety was in question.

That family is going to collect big time.

[Mz Pip]

19. A strip search?

For Ibuprophen? Where did they think she was hiding it?

I've heard about heroin mules, but ibuprophen? Give me a break.


When Ibuprophen is outlawed, only outlaws will have Ibroprophen.

[ContraBass Black]

14. If it was one of the administrators that pulled her bra,

She should have been charged with sexual battery.

[Ka hrnt]

37. Interesting point...

and if true, couldn't the principal and the people he ordered to do the search potentially be branded as sexual predators, since the victim was a teenager? Not that I want to see anyone's life ruined (even for a mistake this egregious, being branded a predator is far too harsh, IMO), but that would certainly send a message to other clueless administrators that they better start using their heads...

[Bette Noir]

15. Ibuprofen is not illegal,and it has zero abuse potential.

On the other hand, stripping a 13-year-old girl is a felony.

I say prosecute.

[DissedByBush]

22. True

I had a drug-loving friend who tried to find out whether she could get high by popping a handful of 800 mg ibuprofens.

It just made her sick.

[lolly]

17. Crazy message to send

We warn kids about "dangerous strangers" and "bad touches" from the time they can start walking, then the school tells them they have to strip naked for a power-tripping school admin who has heard a rumor that they might have a perfectly legal, non-habit forming, non-euphoric pain reliever.

[lostnfound]

30. You're right, and the even crazier message is that

people in authority have the right to treat you like a farm animal, or like prisoners in a police state. Which is probably why they have us all taking shoes off at the airport, for that matter. Subjugate to authority.

[crikkett]

34. I thought we took shoes off @ airports so they could take bio readings thru our feet

I'm kidding! I believe no such thing.

[midnight]

18. Does anyone see a need to have our contitution back?

Some people believe that our rights can be legistlated away? I don't!!!

[happyslug]

20. Here is the Opinion actually appealed from

http://www.ca9.uscourts.gov/datastore/opinions/2008/07/11/0515759.pdf

[happyslug]

26. I have read the opinion, appears to be a Qualified Immunity case.

I have read the opinion, while it goes on a tangent about whether ordering a 13 year old girl to strip down to her bra and panties is a "Strip Search", the majority says yes, the dissent says no, the main thrust is weather the act of ordering her to strip down to her bra and panties, while illegal, is protected by the concept of "qualified immunity", a concept in Civil Rights law first invented after the Civil War to protect governmental units and their agents when the agents violate the constitutional rights of another. Basically "qualified immunity" means you can NOT sue them for what they did appears to be reasonable for a person in their position, even if the act was clearly unconstitutional. "Qualified immunity" is a variation of "Sovereign Immunity' (i.e. "The King can do no wrong", i.e. that the state can NOT be sued without its permission unless the State or one of its subdivisions is acting like a private person, otherwise if you are harmed by the state, you bare the loss). "Qualified immunity" had been invented by the Supreme Court to protect governmental units from the unconstitutional acts of their agents after the Civil Rights Acts were passed in the late 1860s, early 1870s. I disagree with the whole concept of "Qualified immunity" but it is the law of the land, the Court and Congress has NEVER reversed it.

In this case the majority was willing to grant "qualified immunity" to the School and its agents (The Nurse and the teacher) who acted under the orders of the Principal, but NOT the principal himself. The dissent was willing to extent "qualified immunity" to the principal given the general policy of having a drug free school is a policy of the Federal Government in addition to the State and School. Notice both were willing to call the strip search unconstitutional, the only issue is when did "qualified immunity" ends.

The Case both side was relying on was the 1985 case on this same issue, New Jersey v. T.L.O., 469 U.S. 325, 341, which you can read here:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=469&invol=325

In that two students were caught smoking in school (and one of them admitting to smoking) searched the purse of the other student (T.L.O.) after both were brought into his office. He then searched T.L.O.'s purse and found cigarettes but during that search found paper generally used for making marijuana cigarettes. The principal them continue to search the purse tell he found the Marijuana. The question became was it reasonable for the principal to search the purse? The Court rule yes it was to find the Cigarettes AND as soon as the paper was found it became reasonable to search for Marijuana. The issue before the Supreme Court was what was the legal requirement for the principal to search the purse, the court ruled that probably cause was NOT needed to search the purse, but some sort of reasonable suspicion was all that was needed. The smoking in the Rest Room was enough to look for cigarettes (Even through technically possession of Cigarettes was NOT against school policy, just smoking them was). The court held it was reasonable for the principal to search the purse to look for cigarettes to be used as evidence that the girl had been smoking. The court then ruled that once the principal saw the paper he had reasonable suspicion to search for Marijuana. Thus one search lead to the other and since both was reasonable under the circumstances of the facts, the evidence was available for use in any criminal action against the girl.

[WinstonSmith4740]

23. I teach dance in high school...

I've had girls curled up in the fetal position because their cramps were so bad, and sending them to the nurse is absolutely pointless, as she can do nothing. Back in my day, the nurse was allowed to give us Midol, or at least aspirin. I tell them about a drug called Anaprox, which is a prescription strength Ibuprofen, and I'm probably risking my job to do so.

This whole thing is so asinine it borders on insane. It's an echo from the Reagan years when those bozos needed a boogie man to scare the hell out of us, and chose drugs. The fact that 2 lower courts had to uphold the schools right to do this to this poor child is just plain nuts. EVERY administrator from the principle on down who was involved in this should be fired, and immediately. If a teacher had taken that child to their office and did that to her they would be charged with child molestation and they would never teach again. I can only say this kid's father had more control than mine did. Dad was not a violent man by any means, but if this had happened to myself or my sisters, that principle would never walk again.

I really think these people were getting off on their own power to intimidate and humiliate a child.

[Manifestor_of_Light]

28. This is practically sex discrimination.

Because many teenage girls (and adult women) have horrendous menstrual cramps as well as other symptoms that are disabling.

Ibuprofen was made OTC because tylenol and aspirin do very little for cramps.

And one-quarter of the girls in a junior high or high school are menstruating at any given time, and a large percentage of them will be suffering from cramps.

Completely insane and discriminatory.

Of course, I wish that our society would recognize menstrual cramps and let us take a few days off to hibernate in a "menstrual hut". No, we are supposed to drive ourselves, and never get tired, never get sick, and act like overstressed overworked MEN.

:puke:

[defendandprotect]

24. Wasn't Justice Alito involved in a case like this . . . ???? Yes...!!!!

And Samuel L. Alito came down on the wrong side of it --!!!

Here are a couple of connections to stories about it --


U.S. SENATOR BARBARA BOXER | Statement on the Nomination of Samuel L ...
... if Judge Alito becomes Justice Alito and his out-of-the mainstream ... I worry about the tears of a young girl who is strip searched in her own home by ...
boxer.senate.gov/speeches/20060124-Alito.cfm - Cached

Alito's remark on strip search of girl, 10, prompts questions - The ...
... a 'get-out-of-jail-free' card for drug dealers who use young children ... to anyone's sense of justice, and I think Judge Alito was approaching it from a ...
boston.com/news/nation/washington/articles/2005/11/25/...

USATODAY.com - Alito ad flap centers on strip search of woman, daughter
... Alito, in oral arguments, asked why he kept emphasizing that a young girl had been searched. ... backing the ad, the Alliance for Justice, which includes ...
www.usatoday.com/news/washington/2005-11-24-alito-search_x.htm - 62k - Cached

FOXNews.com - Alito Sworn In as Nation's 110th Supreme Court Justice ...
SEARCH. UREPORT. Send us your video, photos and news. On FOX News CHANNEL: View Schedule ... Girl, 17, Reports Herself to Police as a Drunken Driver ...
www.foxnews.com/story/0,2933,183270,00.html - 64k - Cached

Playback: Boxer v. Alito
... if Judge Alito becomes Justice Alito and his out-of-the mainstream ... I worry about the tears of a young girl who is strip searched in her own home by ...
playback.trufun.com/2006/01/boxer_v_alito.html - Cached

[mwooldri]

25. Why didn't the girl (or parents) contact Child Protective Services... or something like that?

The school is considered Locus Parentis... is it safe for school administrators to perform strip searches of 13 year old kids?

Or would the school and CPS be in cahoots together?

Mark.

[happyslug]

27. Sovereign Immunity, which we Americans Inherited from British law.

Remember US public schools are owned by the Public and are governmental units of the various States (One of the differences between British English and American English is the names "Private Schools" and "Public Schools". In Britain the name "Private" means a school whose membership is restricted to a set area, what we in the US would call a "School District". In the US the "School District" sets up Public Schools, for their are owned by the Public i.e Governmentally owned.

Private Schools in the US are schools owned by non-Governmental Agencies, much like "Public Schools" in Britain, which are called Public Schools do to the fact membership is open to the General Public NOT some restricted area. Yes, An American Private School is an English Public School and an English Private School is an American Public School.

The differences between English as used in the US and Britain is enough to get you to want to go back to using Latin. At least it stayed constant from country to Country. I know you probably understand the differences in the language but I go into the difference to make sure everyone reading this understand we are dealing with a Governmental Agency NOT a private entity.

Anyway, Children and Youth Services (CYS, the name most such agencies are known in the states) has no jurisdiction over Public Schools, if you have a problem with the Public Schools you complain to the School board. If the School Board does nothing, you can sue the School, but you have to get around the Concepts of Sovereign Immunity AND "Qualified immunity". "Qualified immunity" I explained in my previous post is a variation of Sovereign Immunity, but applies to Civil Rights actions. Both concepts basically say that when it comes to local Government the courts will NOT impose costs on them UNLESS it is a severe violation of a Constitutional Rights. In fact the Ninth Circuit Court of Appeals decision granted "Qualified immunity" to the school, the nurse that supervised the Strip Search and the teacher that started the whole search of the pills, but permitted the lawsuit to continue as to the Principal.

[zazen]

31. sunscreen and medicated chapstick are considered "drugs" too

Forget if you need to reapply sunscreen during the day, or if you've got bleeding chapped lips. They must be registered as medications and left with the school nurse. Most of the school admins I've spoken to think this is ridiculous also.

As usual, zero tolerance only hurts the non-offenders, who don't spend a lot of time learning subterfuge or even see the reason for it in the first place. This crap caught up my formerly AG high performing nephew and derailed him academically for years (see zero tolerance class action suit in Tennessee). Serious offenders are much more sophisticated in lying and hiding, so they're the last ones to get caught under these policies.

[LibertyLover]

44. Gods in heaven and earth -

when I was in high school I carried asprin, excedrine,pens, staples and other things in my pocketbook. If one of my friends need something they came to me. Cramps, not a problem. I had Midol or tylenol (pre-ibruprophen days). It was something I did to make it so I didn't get picked on and it worked to a certain extent. I'd hate to see what they would do to me these days.

[appleannie1]

45. In our district the only thing the nurse is allowed to give is Pepto Bismol

Headache? Here is your Pepto. Cough disturbing the class? Pepto. Cramps? Pepto. It is the most stupid thing I have ever heard of. There are a lot of constipated kids around here.