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Middle-School Strip Search Ruled Unconstitutional

Posted by timothy on from the moment-of-claritin dept.

yuna49 writes "The US Supreme Court today ruled 8-1 that the strip search of a 13-year-old girl by officials in an Arizona middle school was unconstitutional. However, by a vote of 7-2, the Court also ruled that the individual school officials could not be held personally liable. A suit for damages against the school district itself is still going forward. We discussed this case at length back in March when the Court decided to hear the case on appeal."

28 of 528 comments (clear)

  1. This is America by MrMista_B · · Score: 4, Insightful

    This is America, where children are the Enemy.

    1. Re:This is America by MightyMartian · · Score: 3, Insightful

      This is America, where children are the Enemy.

      Which is odd, because last week I thought we were destroying civil liberties to save them. I do wish the government would make up its mind. Should we be building more private prisons to hold them cheaply, or should we be cherishing them and making sure they don't see Janet Jackson's nipple?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:This is America by garcia · · Score: 4, Insightful

      or should we be cherishing them and making sure they don't see Janet Jackson's nipple?

      Well at least we now have a Supreme Court decision that stops overzealous administrators and staff from seeing children's nipples in search of non-existent over-the-count drugs. Now, if only the administrators were actually held liable for their stupid decisions.

    3. Re:This is America by MightyMartian · · Score: 5, Insightful

      Now, I don't agree with strip searching kids, especially for something stupid like Advil or something. However, the second you state that school officials are not allowed to check your underwear, that's where everything starts getting hidden. Unfortunately, the only way to keep this from being abused and still having some effectiveness would be to publicly allow this type of search, but ban it privately.

      That's when you call the cops and have it done by professionals who know how to do it properly. Even if my kid was carrying drugs in his or her underwear, I would not want a school administrator doing the search. You think you've got that much evidence, then you pick up the goddamned phone and phone the goddamned cops. If you're a school employee, your job is not to do strip searches, and I hope the kid's lawyers bankrupt the goddamned school. They overstepped their bounds so badly that it's difficult to imagine how they're judgement could have been any worse.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:This is America by KCWaldo · · Score: 3, Insightful

      Uhh, Outside of a immediate threat to others what is wrong with calling the parents in to oversee a search of a minor? Personally if I was the girls father the vice principal and nurses would not have heard the end of it.

    5. Re:This is America by BlackSabbath · · Score: 4, Insightful

      > However, the second you state that school officials are not allowed to check your underwear, that's where everything starts getting hidden

      In case you didn't realise just how bad that sounds I've taken the liberty of rephrasing it for you:

      "However, the second you state that school officials are not allowed to check your vagina or anus, that's where everything starts getting hidden."

      You see how people might have a problem with that? "School-issue speculums" just doesn't have a comforting ring about it.

    6. Re:This is America by dgatwood · · Score: 3, Insightful

      Neither. You watch her surreptitiously until the police or the parents get there. You do not do anything to tip her off to the fact that she is being watched..

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    7. Re:This is America by BZ · · Score: 4, Insightful

      Did you read the supreme court decision on the liability thing? It basically comes down to "precedent and legislation here was so confused, that even the Federal appeals court decided incorrectly; there was no way the administrators could have been expected to know whether their actions were constitutional."

      Which is sad, but true. I'd have a much easier time claiming the administrators should be liable if every single court in the chain had found against them. But if as it is, I agree the decision was stupid, but non-obviously so. At least to a lot of people. Which once again is very said.

    8. Re:This is America by supernova_hq · · Score: 5, Insightful

      You would seriously allow a school official (or anyone below a police officer) to strip search your child in the same room or even the next room?!? What the hell is wrong with you?

      99 percent of parents I know would physically stop any such action from occurring, and I don't blame them at all!

    9. Re:This is America by networkBoy · · Score: 5, Insightful

      I'm a parent of a little girl.
      I must say that if my child came home and reported either of these incidents I would likely be in police custody as a result.

      Now, I personally don't think girls of that age should be wearing g-strings and thongs, but that simply means I police *my* kid. Not other people's kids. Especially if it's not against the rules to begin with. I agree with the "no showing underwear" rule, much like I agree with the "no drugs, and we can search your personal possessions while you are on campus" rules. What I can't fathom is the thought of we'll lift your skirt and strip off you clothes even if we don't have *damn good* evidence or suspicion.

      Take this case:
      Girl accused of having motrin-400's and they want to find out if she has any more. Search locker, pockets, backpack, purse, STOP! You're done. Seriously, it's Motrin, not crank. And the "informant" is another student who was just busted and wants to shift the blame.

      Vs.

      Teacher sees dope deal go down, pulls both students in. Weed/speed/whatever is "missing" and no sign it was dropped...
      now you get in the territory of _maybe_ getting to a more intimate search.

      as it is now as a parent I would press sex offense charges in both cases, sue the pants off the school district, picket the school with the names of the offenders and what they did, and blanket the district with fliers about what happened...

      Each incident like this makes me realize that things have only gone downhill since I was in school.

      [/rant]
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    10. Re:This is America by Shadow+of+Eternity · · Score: 5, Insightful

      Something to consider also is that if it's THAT FREAKIN SERIOUS then you don't let a teacher deal with it, you call the police and let THEM deal with it. That's why we HAVE police to begin with, they know how to handle issues with that kind of gravity.

      Teachers deal with school related issues, anything that's threatening life or limb gets sent to the police. The police deal with it, and then it goes to the JUVENILE justice system.

      Then again not all cops are as awesome as the one's that have saved my ass from abusive and sometimes outright psychotic school administrators, but if a cop does something this absolutely fuck-dumb then there's already established means of dealing with it.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    11. Re:This is America by BZ · · Score: 3, Insightful

      Not quite. The supreme court said they can't be held liable because _no_one_ knew the law. As in, it was impossible to know it, given what was actually written down.

      Similarly, a prosecutor who filed suit against someone based on a law the legislature passed would presumably not be held liable if the law is then challenged and found unconstitutional. Of course if he then continues to bring such suits, things would be different, just as here things would be different for future behavior akin to that of these school administrators.

      Shouting cliches doesn't change the fact that this situation (which I, again, think was highly unfortunate behavior on the part of the school administration in the ethical, not just legal, sense) is not the same as "ignorance of the law".

    12. Re:This is America by Fulcrum+of+Evil · · Score: 5, Insightful

      Teacher sees dope deal go down, pulls both students in. Weed/speed/whatever is "missing" and no sign it was dropped... now you get in the territory of _maybe_ getting to a more intimate search.

      At which point the cops are called. School adminstrators never have the right to strip search kids. Jesus christ...

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    13. Re:This is America by hawk · · Score: 4, Insightful

      To be a civil rights violation, the official doesn't have to have been wrong, but the act must have been clearly illegal. This is because off the difference between simply being wrong, and *willfully* using the power of the state to take away people's rights.

      When an issue is legally "up in the air," officials would otherwise be in "damned if you do, damned if you don't" situations.

      hawk, esq.

    14. Re:This is America by Toonol · · Score: 5, Insightful

      She was 13 years old. Her principle, her nurse, were all telling her to do something. She was nervous, accused of a wrongdoing she didn't commit. Just because she went along doesn't mean she was a SHEEP, it means she is HUMAN.

      The fact that the authorities naturally have that sort of psychological power over children is one of the reasons abusing that authority is so wrong, and should be punished severely.

    15. Re:This is America by Jah-Wren+Ryel · · Score: 4, Insightful

      Adults. Not children. At 13 she is not capable of reliably determining where the authority of those running the school stops. That's one of the many definitions of being a child.

      --
      When information is power, privacy is freedom.
  2. Unless... by Misanthrope · · Score: 5, Insightful

    Unless the district had a policy that made this a requirement of the officials, they should be held personally accountable for these horrid actions.

    1. Re:Unless... by afidel · · Score: 3, Insightful

      Exactly, making it unconstitutional but shielding the bad actors means NOTHING. As long as these people can do such incredibly stupid stuff and just have the taxpayers pick up the tab there is no real disincentive for them to act badly and they won't be forced to stop and think of the ramification of their actions.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  3. And the "!" in the 8 to 1 is... by nebaz · · Score: 5, Insightful

    Clarence Thomas, who 'asserted that the majority's finding second-guesses the measures that educators take to maintain discipline "and ensure the health and safety of the students in their charge."'

    I can't imagine how forcing a 13-year old girl to strip ensures anyone's health and safety, especially since they were looking for IBUPROFIN, for heaven's sake.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
  4. All I know is one thing... by Jaysyn · · Score: 4, Insightful

    ... if I was her brother or father I'd probably *still* be in jail for assault.

    --
    There is a war going on for your mind.
  5. Re:Clarence Thomas's Copy of the Constitution by Bigby · · Score: 4, Insightful

    In his interpretation, "unreasonable searches" do not exist. Every search has a reason and the 4th amendment is therefore null and void.

  6. Whys hould a policy help them? by The+Creator · · Score: 4, Insightful

    Unless the district had a policy that made this a requirement of the officials

    Do you really think that "We were just following orders" would be a legitimate exuse?

    --

    FRA: STFU GTFO
  7. All bark, no bite by XxtraLarGe · · Score: 4, Insightful

    However, by a vote of 7-2, the Court also ruled that the individual school officials could not be held personally liable

    What good is the ruling if there's no consequence? It seems to me that the biggest problem with government is that there's almost no accountability, and that leads to corruption & abuse of power.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  8. Re:Qualified Immunity by u38cg · · Score: 4, Insightful

    Pardon the pontificating from a bystanding Brit who is by no means as knowledgeable on your Constitution as he should be, but reading TFWA, I note the test is the usual one of a hypothetical "reasonable person". I might not be reasonable all the time, but I'm pretty sure if I was asked to strip-search a 13 year old girl, loco parentis or not, I would be reasonably sure it would be a bad idea.

    --
    [FUCK BETA]
  9. This is time to act. by delirium+of+disorder · · Score: 4, Insightful

    Court also ruled that the individual school officials could not be held personally liable
    If the courts won't hold them liable, than the people must! If the administrators responsible don't quit, than the students need to go on strike. How can anyone consent to their peers being abused in this manner?!?!? It's time parents, teachers, and students stand up for each other and demand that the administration step down. These pigs are either power hungry megalomaniacs or contributor to sexual assault (or both).

    --
    ------ Take away the right to say fuck and you take away the right to say fuck the government.
  10. Re:sue the school? by camperdave · · Score: 3, Insightful
    While the TSA probably can set up shop at bus and train stations that service multiple states, setting up at a subway station would probably be WAY beyond their mandate.

    Ahem!

    The TSA is a component of the Department of Homeland Security. With state, local and regional partners, the TSA oversees security for highways, railroads, buses, mass transit systems, pipelines, ports, and 450 U.S. airports.

    Emphasis mine

    Also, See Here

    --
    When our name is on the back of your car, we're behind you all the way!
  11. Re:Stop blaming the government and schools... by Twanfox · · Score: 4, Insightful

    Hey, here's a thought. The child Did Not have the suspected drugs on her person, and was searched on suspicion of such. The parents, in your argument, did the correct thing and ensured that their child did not carry the inappropriate item to school, but they administrators did the search anyways.

    Would you like to review your argument and get back to us a little later?

  12. interesting by CopterHawk · · Score: 4, Insightful

    So a minor with a naked picture of another minor on their phone is a sex offender, but an adult in a position of power who forces a minor to strip is not.