US school rebuked for ibuprofen strip search

[BadgerKid]

A divided US appeals court has ruled an Arizona school violated the constitutional rights of a 13-year-old student by conducting a strip search for ibuprofen.

Suspecting that a student had violated a policy against prescription or over-the-counter drugs without permission, public school officials in Safford, Arizona, ordered a search of Savana Redding.

...

"Directing a 13-year-old girl to remove her clothes, partially revealing her breasts and pelvic area, for allegedly possessing ibuprofen, an infraction that poses an imminent danger to no one, and which could be handled by keeping her in the principal's office until a parent arrived or simply sending her home, was excessively intrusive," Justice Kim McLane Wardlaw wrote for the majority.


http://www.abc.net.au/news/stories/2008/07/12/2301960.htm?section=justin
http://uk.reuters.com/article/healthNewsMolt/idUKN1139508220080711


The majority of full court, overruling a decision of its own three-judge panel, also concluded that school officials should have known their actions were improper, meaning they can be sued. The Safford superintendent tells me that some procedures have been changed since the 2003 incident to make it "less likely" such a search would occur now. Developing.

http://www.eacourier.com/articles/2008/07/11/news/breaking_news/doc4877d5223c2a4246521427.txt

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The expression of authority and conformity in the educational system sickens me.

[MannyGoldstein]

1. What The Fuck Is Wrong With Red States?

This stuff is insane.

[CBGLuthier]

2. red states?

Of course nothing crazy happens in the land of the blue where the air is clean and the birds make love all day long.

Except the occasional psycho nut fuck child raping murderer or two.

[MannyGoldstein]

9. Individuals Are Different Than Institutions n/t

[Bluzmann57]

7. In the Blue state of Illinois

a pshycotic alleged killer was recently caught. He was actually captured in Missouri, but he allegedly killed people in a VERY blue part of Illinois and will likely face the death penalty.
The daughter of a friend of mine was recently senselessly and brutally slain in Moline , Illinois, which is about as "Blue" as one can get. So do not lay that "Blue" state vs. "Red" state shit on anyone. There are pshycos everywhere.
These violations of rights are happening everywhere as well. As far as I know, pre employment drug testing is an unwritten law in every state in the USA. That is a violation of my rights, imo, and I don't even do illegal drugs anymore.

[Maine-ah]

22. we just had a 20 year old girl murdered about 20 miles from my home.

you are correct, it happens everywhere, blue state or red.

[hlthe2b]

3. Good Heavens...

I'm not sure I would have contained myself had I been the parent, upon learning this! Good heavens, they don't let girls take OTC meds for cramps, for God's sakes?

[Ichingcarpenter]

4. The Ruling was close too- it was a 6-5 Vote by the Federal Appeal Court

The ACLU
Strip Search of 13-Year-Old for Ibuprofen Ruled Unconstitutional



If you have a problem with school officials strip searching 13-year-olds for Advil – or if you care about the government’s standards for informant use and invasive searches – you can take relief in yesterday’s ruling by a full panel of the U.S. Court of Appeals for the 9th Circuit, which ruled 6-5 that students cannot be strip-searched based on the uncorroborated word of another student who is facing disciplinary punishment.

“A reasonable school official, seeking to protect the students in his charge, does not subject a thirteen-year-old girl to a traumatic search to ‘protect’ her from the danger of Advil,” the federal appellate court wrote in today’s opinion. “We reject Safford’s effort to lump together these run-of-the-mill anti-inflammatory pills with the evocative term ‘prescription drugs,’ in a knowing effort to shield an imprudent strip search of a young girl behind a larger war against drugs.”

“It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights. More than that: it is a violation of any known principle of human dignity,” the court continued.

In addition to finding the strip search unconstitutional, the court held that the school official who ordered the strip search, Vice Principal Kerry Wilson, is financially liable in the case and cannot claim qualified immunity. The ACLU co-represented the student, Savana Redding, before the U.S. Court of Appeals for the 9th Circuit, which decided to reconsider the case after a three-judge panel ruled 2-1 that the strip-search was legal.

For a case like this, it’s hard to understand how the unconstitutionality of strip searching Redding could even be up for debate. Consider how flimsy the government’s case was:

* No physical evidence suggested that Redding – an honor roll student with no history of substance use or abuse – might be in possession of ibuprofen pills or that she was concealing them in her undergarments.
* The strip search was undertaken based solely on the uncorroborated claims of a classmate facing punishment, who was caught with prescription strength ibuprofen – the equivalent of two over-the-counter pills of Advil. (And why on earth might a teenaged girl have ibuprofen?)
* No attempt was made to corroborate the classmate’s accusations among other students or teachers.
* The classmate had not claimed that Redding currently possessed any pills, nor had the classmate given any indication as to where they might be concealed.
* No attempt was made to contact Redding’s parents prior to conducting the strip search.

If you want to get some background information on the abundance of scientific literature describing the serious psychological repercussions of being strip-searched at age 13, you should check out the briefs of support that were also filed by the National Association of Social Workers and the Rutherford Institute.

>>>>>snip

They also give links on the scientific literature

http://blog.aclu.org/2008/07/12/strip-search-of-13-year-old-for-ibuprofen-ruled-unconstitutional/

[BadgerKid]

6. Scathing.

Thanks for finding and posting that.

And, WTF the vote being close at all, should have been 11-0.

[suffragette]

17. It's so wrong on so many levels

The judicial rulings in this aren't that reassuring either.

2-1 initial ruling that this was legal.
6-5 overturning that decision.

That is a razor thin margin that cuts both ways. That any judge would find this acceptable is disturbing; that a judicial panel would actually condone such an action is frightening. And that 5 of the 11 judges on the U.S. Court of Appeals condoned this action is appalling.

By such a slender and delicate thread dangles our freedoms - a one vote margin.

[Popol Vuh]

5. Oh those fucking SOB's

Those fucking pedophilia SOB's need to be charged with the appropriate crime - Child Molestation.


:grr:

[BattyDem]

10. I don't understand why they weren't arrested

The girl is a minor. Public school is not prison and the Principal/Vice Principal are not law enforcement. What right do they have to strip search a 13 year old girl?! :shrug: :grr:

Advil? They stripped the girl for Advil?!? Give me a freakin' break! Perhaps the school nurse could explain to these nitwits why a 13 year old girl would need Advil!

Ibuprofen is not an illegal drug and if they believed she obtained prescription strength pills illegally they should have called the police. Better yet, call her parents. It's ibuprofen, guys ... not heroin! :eyes: Again, I have to ask - what right do they have to strip search a 13 year old girl?!?!?

WTF is wrong with people? :grr: :grr: :grr:

[Popol Vuh]

12. I don't understand it either.

Even IF it were law enforcement. They don't have that kind of right either. ie. "The right to be secure in one's PERSON.....from unreasonable searches and seizures SHALL NOT be violated". And even IF it were law enforcement, and, IF they had reasonable suspicion to believe the young lady had contraband on her. That STILL doesn't grant them permission to have her strip nude. It would ONLY give them permission to have an officer of the same sex have the young lady assume the position up against the wall and search her through her clothing.

You're absolutely right BattyDem: WTF is wrong with people?

And for Advil no less... OMFG!

[BattyDem]

14. I totally agree.

I didn't mean to imply that it would be fine if it was done by law enforcement. A strip search should not be a "routine procedure" to be used on anyone - especially a child.

All I meant was ... WHY did these people think they had ANY legal authority to do a strip search?! What would make a person think that he/she could strip search another human being under any circumstances? Why did it even get to that point? Why didn't they simply ask some questions or have a female teacher pat her down through her clothes, though I don't believe that would have been necessary either. Why not simply say, "We heard you have some ibuprofen. If you do have it, please give it to us because you're really not supposed to be taking any medication in school without our knowledge or permission. We know it's just Advil and you most likely have a legitimate reason for taking it, but we can't have students walking around the school with medication of any kind. Just give use the pills so you can go back to class and if you need to take them during school hours, have one of your parents contact us and we'll work it out."

Why was the situation treated like a major drug operation? Even if they believed the child had illegal drugs ... how could they possibly think they had any authority to do that to her? If you think a crime is being committed, you call the police. You don't set up your own system of interrogation and humiliation! Can you imagine the outrage if an employer strip searched someone because he believed they were taking drugs?

How does a person go from being the leader of a school who is responsible for the education and well-being of children to acting like the leader of the Gestapo? All because of some freakin' Advil! I don't get it. :shrug: :grr:


edited: typo :blush:

[Popol Vuh]

15. I totally agree

Peace BattyDem... :hi:

[BattyDem]

16. Peace to you, too!

:hi:

Sorry ... I didn't mean to sound confrontational. :blush: This issue just has me so furious! What's going on in this country? :shrug: :-(

[Canuckistanian]

24. Yet ANOTHER degradation of the 4th Amendment

And the fact that it was a razor-thin judicial majority should set off some alarm bells.

[tomreedtoon]

8. It's public school. NO one has any rights.

Have you guys forgotten your own time in school? You can be raped and beaten several ways by teachers and you have to shut up and take it. And it's always been that way.

[galledgoblin]

11. over IBUPROFEN.

fucking shitbags. if I went to school there and developed a migraine I know the first people I'd look for so I could vomit all over them.

this pisses me off so much.

[nashville_brook]

13. of course, it was a 13-year old GIRL they wanted to strip search so damn bad.

[windoe]

18. Time to get lawyered up

that is, if some good lawyer wants to take this on!!!!

[shanti]

19. they have a zero tolerance

policy about ANY "drugs" in california schools too...just saying. not even an aspirin :eyes:

[proud2BlibKansan]

21. That's very common nationwide

As a teacher, let me try to explain the school's position. We have no way of knowing if that really is an aspirin the kid is taking. And we are legally responsible for all the kids' safety and welfare while they are at school. Also I have never heard of a school nurse denying that aspirin or over the counter med when a kid asks for it. It's not at all uncommon for a parent to send the aspirin, etc to school and the nurse will give it out when the kid asks for it or according to the parent's directions.

BUT I cannot condone what the school in the OP did. That is just repulsive.

[lpbk2713]

20. If there was a security cam in that office I'd own that school board by now.

If there was a camera it's possible there could have been an internet connection. Or if not, some asshole
could have made a copy of the tape and that half naked little girl could be all over the internet by now.

[Heywood J]

23. I hope the principal and vice-principal have nice houses.

She'll be living in one and auctioning the other for tuition. And that's aside from the criminal proceedings that should flow for civil rights violations and pedophilia.

Evidently pedophilia there starts from the top. I wonder how many others have had to undergo this.