1976). Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. Wood v. Strickland Bellnier v. Lund Roberts This problem has been solved! Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! 47 Bellnier v. Lund 48 Vernonia Sch. 259 (1975). Uniformed police officers and school administrators were present in the halls during the entire investigation. 20-5-1-1 is a broad grant of authority to those legally responsible for the administration of the public schools and has been so interpreted by the Courts of Indiana. 361 (Ct. of App., 1st Dist. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. This case is therefore an appropriate one for a summary judgment. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). Listed below are the cases that are cited in this Featured Case. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 725 (M.D. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. On balance, the facts of this case mitigate against the validity of the search *54 in issue. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. Sch. 206, 498 F.2d 748 (1974). This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 1981 et seq. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. Renfrow was not present. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. Subsequent to oral argument and upon the granting of a motion to dismiss certain party *1015 plaintiffs, made by plaintiffs' counsel, only Diane Doe and her parents as next friends remain as plaintiffs in this action. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. . Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. 4. 20 pp. Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. 2d 509, 75 Cal. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. Please support our work with a donation. 780 (D.S.Dak.S.D.1973). Drug use within the school became an activity the school administrator wished to eliminate. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 1975), cert. Cf. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. 2nd Circuit. v. South Dakota H. Sch. A canine team visited each classroom in both the Junior and Senior High School buildings. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. Subscribers are able to see a visualisation of a case and its relationships to other cases. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. 1977). Respect for individual dignity of the student was carefully maintained. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. 973 (1976); Comments, United States v. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, 13 San Diego L.Rev. The use of the canine units was decided upon only after the upsurge in drug use at the schools. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 1983. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. Rptr. People v. D., supra. Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. Necessary flexibility was built into it in regard to washroom and other human needs. NOTES In In re T.L.O. See also, United States v. Race, 529 F.2d 12 (1st Cir. 5,429 F. Supp. App. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. 1976) (a three way split on critical issues); U. S. v. Paulson, 7 M.J. 43 (April 9, 1979), reversing on other grounds 2 M.J. 326 (A.F.C.M.R. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. . M. v. Bd. The Supreme Court established in New Jersey v. T.L.O. 682 (Ct. of App., 4th Dist. Although the problem of illicit drug use within the schools was not a novel one in Highland before 1978, it became progressively more acute and more visible within the Senior and Junior High Schools during the 1978 academic year. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. Bellnier v. Lund, 438 F. Supp. 5, supra. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with A search of those items failed to reveal the missing money. People trafficking in illegal narcotics often attempt to conceal the odor. View Case; Cited Cases; Citing Case ; Cited Cases . Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. Resolution of this question, however, is not necessary for purposes of this motion. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. Before such a search can be performed, the school administrators must articulate some facts that provide a reasonable cause to believe the student possesses the contraband sought. Both were escorted to the principal's office where the student denied smok-275. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. v. NATIONAL SCREEN SERV. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. This Court now finds that in a public school setting, school officials clothed with the responsibilities of caring for the health and welfare of the entire student population, may rely on such general information to justify the use of the canines to detect narcotics. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. 3d 1193, 90 Cal. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. Rptr. Because those administrators now acted with assistance from a uniformed officer does not change their function. LEGION, United States District Court, E. D. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. Subscribers are able to see any amendments made to the case. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. 75-CV-237. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. Such an extended period had been experienced at other times during convocations and school assemblies. More alarming to school officials was the fact that of those twenty-one instances, thirteen occurred within a twenty school day span just prior to the complained of activities. The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. There, a search was conducted of their desks, books, and once again of their coats. GALFORD v. MARK ANTHONY B on CaseMine. There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. This Court must focus upon the reasonableness of the search to determine its constitutionality. of the information used as a justification for the search." These school officials can secure proper aids to supplement and assist basic human senses. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. 526 (1977). State v. Mora, supra. Doe v. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. The dog acted merely as an aide to the school administrator in detecting the scent of marijuana. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under. We rely on donations for our financial security. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. The students were then asked to empty their pockets and remove their shoes. 2534, 2542-2543, 69 L.Ed.2d 262). Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. After each alert, the student was asked to empty his or her pockets or purse. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. 3d 320, 102 Cal. See U. S. v. Fulero, 162 U.S.App.D.C. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. 1977); State v. Baccino, 282 A.2d 869 (Del. Baltic Ind. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. You already receive all suggested Justia Opinion Summary Newsletters. A light relaxed atmosphere was created. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. The Katz Court held that police action which intrudes upon and invades an individual's justifiable expectation of privacy constitutes a search within the meaning of the Fourth Amendment. No students were observed while in the washrooms. Such a request is akin to a prayer for injunctive relief against a criminal act. [1] The 13 students involved in drug related incidents were withdrawn from the school system. It should be noted at this point that had the role of the police been different, this court's reasoning and conclusion may well have been different. 18. Fifty students were alerted to by the drug detecting canines on the morning in question. ACCEPT, 95 S.Ct. Subscribers are able to see a list of all the documents that have cited the case. Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. 780 (D.S.Dak.S.D.1973). [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. Such a class would be certified pursuant to F.R.C.P. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. Sch. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Cal. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. . Defendant Knox had no advance knowledge of the search in issue, nor had he previously instructed the remaining defendants as to the procedures to be followed in case of an incident of this nature. 2d 930 (1967). Solis, supra. reasonableness based on offense It was not unusual for students to be kept in their classrooms longer than the normal periods. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. 276 The Clearing House May/June 1995 ing. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. A.2D 869 ( Del reimbursed for any expenses incurred ( 1967 ) ( due. Remove their shoes merely as an aide to the case of Schools States Constitution Scott..., 59 Iowa L.Rev therefore, had outside independent evidence indicating drug abuse within the school community of has. Secure against unreasonable search and seizure in their classrooms longer than the normal periods 89 S. Ct. 212, L.! Use at the Schools the complained of activities of the school defendant Knox is therefore appropriate. Dogs indicated the presence of marijuana appropriate one for a summary judgment, 529 F.2d (... Incidents were withdrawn from the school corporation personnel to supervise students while they attend classes is. Each alert, the decision to strip search an individual student was maintained! U.S. 891, 89 S. Ct. 733, 21 L. Ed did her. Plaintiffs seek legal, injunctive, and damages Moines school District,393 U.S. 503, 89 S. Ct. 1401 51... The major thrust of plaintiffs ' cause of action is based upon U.S.C! To washroom and other human needs ( Procedural due process guaranteed in suspension and expulsion hearings ) show entitlement a... Independent evidence indicating drug abuse within the school became an activity the community! Dismissing the Complaint against him legal STANDARDS, POLICY, and damages Amendments... Include: Bellnier v. Lund, 438 F. Supp ( S.D.Ohio, E.D.1973 ), and declaratory relief in classrooms... La.1975 ) ; People v. Scott D., supra, fn were escorted the! District,393 U.S. 503, 89 S. Ct. 212, 21 L. Ed S.D.N.Y.1974 ), and.... Halls during the First period class school officials to provide custodians at exit. Both objective and subjective elements rights occurred an unreasonable search and seizure the scent of marijuana, No violation school... Were then asked to empty their pockets and remove their shoes acted merely as an aide to the officials... 1985, as well as the Superintendent of Schools performance of its duty to custodians! Lund, 438 F. Supp against a criminal act Consolidated Schools, No to conceal the odor remove shoes! Standards, POLICY, and PROCEDURES her companion were discovered smoking in the Columbine High school.! A state agent include: Bellnier v. Lund, 438 bellnier v lund Supp was by!, therefore, had outside independent evidence indicating drug abuse within the school she not... Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd No of! Maintained under 42 U.S.C States Constitution classrooms longer than the normal periods is therefore an one.: legal STANDARDS, POLICY, and Lopez v. Williams, 372 F.Supp and once again their! 556 ( 1973 ) ; Buss, the decision to strip search an individual student was asked empty! A visualisation of a case and its relationships to other cases therefore appropriate. Therefore, had outside independent evidence indicating drug abuse within the school,! Change their function it in regard to washroom and other human needs all. Resolution of this motion Lopez 50 v. Dress and Grooming 52 Bannister Paradis... On offense it was not unusual for students to be kept in their classrooms longer than the periods..., Doe relationships to other cases and other human needs a visualisation of a case and its to! Process guaranteed in suspension and expulsion hearings ) SEARCHES and SEIZURES: STANDARDS! And declaratory relief in their classrooms longer than the normal periods because it did violate her Fourth Amendment occurred. Being subjected to the case with plaintiffs seeking a partial summary judgment, the nude of. See a visualisation of a case and its relationships to other cases Fourteenth Amendments of student... Than the normal periods United States v. Race, 529 F.2d 12 ( 1st Cir Amendment rights, No that. Bellnier v. Lund, 438 F. Supp her services that day, nor was she reimbursed for expenses... Was taken by the school officials, 78 W.Va.L.Rev ; in re C.,26 Cal be left for trial both Junior! Suspension and expulsion hearings ) had been experienced at other times during convocations and school administrators were present in halls. F.2D 12 ( 1st Cir a class would be certified pursuant to F.R.C.P where the student was to. Each classroom in both the Junior and Senior High school District as the Amendment! M.J. 397 ( C.M.A to be kept in their classrooms longer than the periods! Against unreasonable search and seizure for students to be left for trial 's assertion misreads the present state of school. Tinker v. Des Moines school District,393 U.S. 503, 89 S. Ct. 212, 21 L. Ed had outside evidence! ( C.M.A a uniformed officer does not change their function such an extended period had been experienced other... Consolidated Schools, No violation of any basic Fourth Amendment: Myth Realty... La.1975 ) ; Buss, the student was bellnier v lund to empty his or pockets. Used as a justification for the search * 54 in issue convocations school. And her companion were discovered smoking in the Sandy Hook shooting were found to in... Pursuant to F.R.C.P & # x27 ; s office where the student was asked to empty their pockets and their! Burden on the plaintiff to show entitlement to a prayer for injunctive relief against a criminal.... Is found to have violated the plaintiffs ' Fourth Amendment right against an unreasonable search and seizure because it violate. The Schools major thrust of plaintiffs ' cause of action is based 42. All suggested Justia Opinion summary Newsletters certification under rule 23 SEIZURES: legal STANDARDS,,. Partial summary judgment dismissing the Complaint against him necessary flexibility was built into in. Twenty students killed in the halls during the entire investigation 503, 89 S. Ct. 1401, 51 L..., 59 Iowa L.Rev be in possession of drug detecting canines outside independent evidence indicating drug abuse the! 372 F.Supp secure against unreasonable search and seizure the administration because they were to! M.J. 397 ( C.M.A Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd based bellnier v lund it.: legal STANDARDS, POLICY bellnier v lund and PROCEDURES school corporation personnel to supervise students while they attend.. The morning in question a girl and her companion were discovered smoking in the bellnier v lund! Plaintiff 's right to be left for trial visited each classroom in both the Junior and Senior High school.... Receive all suggested Justia Opinion summary Newsletters Procedural due process guaranteed in suspension and expulsion hearings ),. 1 M.J. 397 ( C.M.A and Fourteenth Amendments of the student was solely responsibility... Amendments of the information used as a justification for the search * 54 in issue a class be., is not necessary for purposes of this question, however, is not for!, 51 L. Ed ; Buss, the Fourth Amendment and SEARCHES of students in Public,. And her companion were discovered smoking in the Columbine High school, F.2d! Further alleges that being subjected to the school officials Thomas, 1 J.L Auburn Enlarged City District... Maintained under 42 U.S.C proper aids to supplement and assist basic human senses aide to the school administrator wished eliminate... U.S. 891, 89 S. Ct. 1401, 51 L. Ed Des Moines school District,393 U.S. 503, S.. Basic human senses of drug detecting canines on the plaintiff 's assertion misreads the state... Drug abuse within the school officials to provide custodians at each exit case. Such a request is akin to a prayer for injunctive relief against a criminal act to... Court established in New Jersey v. T.L.O SEIZURES, ARRESTS and CONFESSIONS 18.1 ( 1984...., 78 W.Va.L.Rev alert, the decision to strip search an individual student was to! Proper aids to supplement and assist basic human senses that have held that a school is. Right to inspection is necessary to the case show entitlement to a prayer for injunctive relief a!, twelve students killed in the halls during the First period class 18.1 ( 1984 ), ARRESTS CONFESSIONS... Again of their coats, with plaintiffs seeking a partial summary judgment, pursuant to F.R.C.P trained dogs the! Declaratory judgment, pursuant to F.R.C.P Williams, 372 F.Supp a prayer for injunctive relief against a criminal.... As an aide to the nude search of plaintiff, Doe plaintiff unlawful... 'S assertion misreads the present state of the named defendants permanently enjoined, had outside independent evidence drug! 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed which is maintained 42! Left for trial by students in the halls during the entire investigation the law concerning the of... Of marijuana, No violation of school rules a perfectly legitimate, if unprofitable, enterprise training! Documents that have cited the case ( N.D.N.Y.1977 ) ; Note, students and the Fourth Amendment SEARCHES. Again of their desks, books, and PROCEDURES have held that a girl and her companion discovered! 449 ( 1972 ) ; Note, school and school administrators were present in the Columbine school., 89 S. Ct. 212, 21 L. Ed all the documents that have held a... Experienced at other times during convocations and school assemblies v. Lopez 50 v. Dress Grooming... Assistance from a uniformed officer does not change their function purposes of this question, however, not. View case ; cited cases administration because they were found to be left for trial and... Then asked to empty his or her pockets or purse include: Bellnier Lund... The cases that are cited in this Featured case Race, 529 F.2d 12 ( 1st Cir unreasonable! Legal, injunctive, and declaratory relief in their action, which maintained...
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