780 (D.S.Dak.S.D.1973). For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. Request a trial to view additional results. 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. 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. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. You're all set! 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. 1983,[2] inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. In doing so the Court must take into account the special duties and responsibilities imposed upon school officials to provide a safe atmosphere for a student to develop, the attendant limited powers which the school officials possess in loco parentis to effectuate the maintenance of proper discipline. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. 1975). This Court must focus upon the reasonableness of the search to determine its constitutionality. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. 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. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. 2d 752 (1977). In this case, the teacher initiated a strip search after being informed by In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child's history and record in school; 3) the seriousness and prevalence of the problem to which the search is directed; and 4) the exigency requiring an immediate warrantless search. 2. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. Fourteen handlers and their dogs participated during the inspection. of Educ. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. 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. [1] The 13 students involved in drug related incidents were withdrawn from the school system. Both these campuses are located on the same site. Dist. State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state *51 law. *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. 452 F.Supp. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. Meese, 681 F.Supp. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the school. Plaintiff was asked if she had ever used marijuana to which she answered she had not. The continued alert by the trained canine alone is insufficient to justify such a search because the animal reacts only to the scent or odor of the marijuana plant, not the substance itself. Rptr. of Ed. United States v. Solis, 536 F.2d 880 (9th Cir. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). Moore v. Student Affairs Committee of Troy State Univ.,284 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. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. 681 F.Supp. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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. 2d 509, 75 Cal. Subscribers are able to see the revised versions of legislation with amendments. Bellnier v. Lund,438 F. Supp. 99 (D.Me., N.D.1969); State v. Wingerd, 40 Ohio App.2d 236, 318 N.E.2d 866 (1974) (dictum); State v. Mora,307 So. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. People trafficking in illegal narcotics often attempt to conceal the odor. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. There, a search was conducted of their desks, books, and once again of their coats. Education of Individuals with Disabilities 54 Board of Educ . 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. In Beard v. Whitmore Lake School District,' the Sixth Circuit examined whether the law governing searches of students, specifically strip searches, was clearly estab- lished and deprived school officials of qualified immunity. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. U. S. v. Guerra, 554 F.2d 987 (9th Cir. M. v. Board of Education Ball-Chatham Comm. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. [1] When the strip searches proved futile, the students were returned to the classroom. A search of those items failed to reveal the missing money. No liability can be found for any of the actions of this defendant. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. Because this Court has ruled that the nude body search of plaintiff was in violation of the Fourth Amendment and thus unlawful, the request now becomes similar to a prayer for injunctive relief against a criminal act and therefore unnecessary. Bellnier v. Lund, 438 F. Supp. The unnecessary duplication of sanctions is evident in either case. This case is therefore an appropriate one for a summary judgment. The operation was carried out in an unintrusive manner in each classroom. 259 (1975). 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! 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. 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. . Weighing the minimal intrusion against the school's need to rid itself of the drug problem, the actions of the school officials leading up to an alert by one of the dogs was reasonable and not a search for purposes of the Fourth Amendment. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. v. NATIONAL SCREEN SERV. As *1022 the Supreme Court of the United States stated in Katz v. United States,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. Pregnancy, Parenthood & Marriage 53 VII. . Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. [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. The students were there ordered to strip down to their undergarments, and their clothes were searched. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. 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. Plaintiff's contentions present before this Court unique issues both in the area of law concerning the Fourth Amendment and searches of students in public schools[8] and in the area of the use of canine units trained to detect evidence of drugs. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. 1977); Horton v. Gosse Creek Independent . Moreover, granting plaintiff's prayer for injunctive relief as to the other aspects of the inspection complained of would be inconsistent with this Court's findings. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. 2d 317 (La.S.Ct. A canine team visited each classroom in both the Junior and Senior High School buildings. 775 (Ct. of App., 1st Dist. The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. Unit School Dist. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. Cf. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . Of those eleven, only three other students were subject to the unlawful nude search. The outer garments hanging in the coatroom were searched initially. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. Bellnier v. Lund,438 F. Supp. 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. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. The missing money was never located. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. 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 Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Movement from class to class entails intrusions upon the students' freedoms. 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. Bellnier v. Lund, 438 F. Supp. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. Answers:SelectedAnswer: b. Morse v. Frederick a. Dist. It was not unusual for students to be kept in their classrooms longer than the normal periods. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. 1972); In re G. C., 121 N.J.Super. It also includes some new topics such as bullying, copyright law, and the law and the internet. 206, 498 F.2d 748 (1974). The *1017 canine teams spent approximately five minutes in each room. There is nothing sinister about her enterprise. All students were treated similarly up until an alert by one of the dogs. 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