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Title: Fifth Circuit Says No, You Fucking May Not Strip Search A Classful Of Female Students To Find $50
Source:
TechDirt
URL Source: https://www.techdirt.com/articles/2 ... male-students-to-find-50.shtml
Published: Jul 2, 2018
Author: Tim Cushing
Post Date: 2018-07-05 11:13:54 by Deckard
Keywords: None
Views: 2101
Comments: 15
The Fifth Circuit Appeals Court convened to write an opinion [PDF] the judges shouldn't have had to write. But then, of course, they had to because the lower court screwed everything up. The first paragraph sums up the issue -- and the appeals court's decision -- succinctly and devastatingly. (h/t Raffi Melkonian) During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district court dismissed the girls’ lawsuit against the school district for failure to state a claim. We reverse. The school admitted it violated the students' rights. It admitted it performed a search without justification or guiding policies. It all but started cutting settlement checks and yet the lower court said no viable claim was made by the plaintiffs. The background: in an attempt to locate $50 that went missing during a choir class, the entire class was searched. Given the nature of the search, this quickly changed the definition of "class" from a "a number of students studying the same course" to "a number of students suing the school." This maybe wouldn't have gone as far as it did, but for the invaluable assistance of the school's police officer. When no money turned up, the school police officer “suggested that girls like to hide things in their bras and panties.” I sincerely hope this person is now chronically underemployed. Why escalate things needlessly? No one was looking for weapons or even illegal drugs. It was cash -- something easy to lose. That $50 has gone missing does not necessarily mean it was stolen. That it may have been stolen does not necessarily mean the female class members would have stashed it in their undergarments. Without seeking permission from the students or informing their parents, the vice principal had the school nurse perform a strip search of all the students. Higgins took all twenty-two girls in the choir class to the female school nurse, who strip searched them, taking them one at a time into a bathroom, where she “check[ed] around the waistband of [their] panties,” loosened their bras, and checked “under their shirts.” The girls “were made to lift their shirts so they were exposed from the shoulder to the waist.” Do the ends justify the means? No money was found. The district's policy for searches is a mess. An unconstitutional mess. As the court points out, it gives no guidance to administrators on how to reach its self-generated standard of "reasonable cause" before performing a search. However, it does tell administrators searches by school personnel should be as non-intrusive as possible and only when there's a "reasonable" belief contraband might be found. The only discipline handed out for this mass violation of rights was a memo chastising the Vice Principal for performing a search to find something not actually considered to be "contraband." But the court points out that this memo misses the whole point of Constitutional protections and the school's obligation to leave those (and their students) unmolested. Regardless, the supposed lack of “contraband” appears to have been the principal’s only concern; the memo never criticized the search for invading the underwear of twenty-two preteen girls, or for doing so without particularized suspicion. In fact, the principal's memo seemed to suggest strip searching students was acceptable as long as the principal was given a heads up. The memo further made clear that, at least in the principal’s mind, such strip searches of students are not per se improper under school district policy. Rather than forbidding all strip searches going forward, the memo requested: “In the future, if you feel a student must have a search requiring a strip search, please notify me before proceeding.” Addressing the lower court's fuck ups, the Appeals Court first points out the question of Constitutionality has been answered firmly, with some of that coming from the defendant school's own admissions. [T]his clearly established law means that Higgins violated the constitutional rights of the twenty-two girls unless Higgins reasonably suspected that the missing $50 cash (1) would be found on that particular girl’s person and either (2) would be found specifically in that girl’s underwear or (3) would pose a dangerous threat to students. For what are perhaps obvious reasons, the parties do not dispute that the alleged search failed all three conditions. It was clearly unconstitutional. The school tried to claim the plaintiffs had nothing to support their claims. It tried to portray this as allegations about an unconstitutional policy. But the Appeals Court notes the plaintiffs are actually alleging the school had done nothing at all to provide search guidance to its administrators. This changes the judicial math a bit. [Emphasis in the original.] To be clear, the argument is not that the school district’s written search policies are facially unconstitutional or that they caused the alleged constitutional violation by themselves. Rather, the “official municipal policy” on which Plaintiffs attempt to hang Monell liability is the school district’s alleged policy of providing no training whatsoever regarding its employees’ legal duties not to conduct unreasonable searches. In other words, as currently presented, this is a “failure to train” case. This allows the plaintiffs to move forward with their allegations, overturning the lower court's dismissal. The Appeals Court notes this reversal isn't meant to suggest the plaintiffs have enough evidence to prevail on this claim -- only that they should not have seen their case dismissed during the first round of pleadings by the lower court. But what seems obvious to everyone was somehow unclear to the vice principal who ordered the searches. The court notes there really can only be one entity to blame in this matter: the school itself for failing to give officials proper training on students' constitutional rights. Just having a policy several steps removed from the actual limitations demanded by the Fourth Amendment isn't enough. The courts don't expect police officers to know the nuances of every Fourth Amendment decision governing the searches of full-grown adults so it sure as hell isn't going to expect a school administrator will have this all nailed down without outside instruction. Poster Comment:
from the because-of-course-you-can't-the-hell-were-you-thinking dept
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#1. To: Deckard (#0)
(Edited)
FIRST OF ALL -- why are vulgar headlines and copy now normalized?? I'll tell you why: The LEFT. (Yes again). HERE is the author/vulgarian punk (appearing as one might expect): Ok, yeah, I get it; we all really do. Another portrayal of over-officious cops. In this case, 12 year old girls were ordered to be stripped searched in order to find a measly $50. BEYOND DUMB. This is a matter of propriety. But ISN'T this kind of abuse by LE, this kind of raw authoritarianism exactly the fascist Left's kind of move? Of course THAT observation is NOT noted or suggested. And neither is this incident noted as an exercise in behavioral conditioning. That's right -- an experimental PSY-OP. Beyond the cheap thrill and Left making ALL cops and LE look bad (by design IMO -- what else is new?), the scope of this issue might actually be far more complicated than it seems. What if the case were about a hidden gun, knife, or mini-WMD by someone who had making threats? Moreover, what's to stop the Authoritarian Left from making this kind of raw S&S routine "business as usual"? THIS is exactly where we are being trained/conditioned to accept.
So...Who WUZ responsible for the missing strawberries?
Is there a photo of the Vice-Principal available? MY money is on the VP being female -- a Lezbo at that. The court notes there really can only be one entity to blame in this matter: the school itself for failing to give officials proper training on students' constitutional rights. The "Court" conveniently failed to explain the State's heavy-handed Gestapo tactics and who ordered IT'S protocol.
The only discipline handed out for this mass violation of rights was a memo chastising the Vice Principal for performing a search to find something not actually considered to be "contraband." Money acquired through theft does qualify as a form of contraband.
Plenty of raw authoritarianism displayed by the so-called right. Don't pretend that isn't true - those in power, no matter what label they apply to themselves are in the business of gaining more power and controlling the population. Guess you've forgotten about Bush's "Free Speech Zones". What if the case were about a hidden gun, knife, or mini-WMD by someone who had making threats? It wasn't, so stop the drama-queen antics. You're starting to sound like a police state shill.
Awww, gee Miss Manners - I do so hope that the author didn't offend your delicate sensibilities by using a naughty word for emphasis. Maybe if he bragged about grabbing women by the pussy like Trump did you wouldn't be "offended" and whining.
Guess you'll have to watch the movie - I ain't gonna spoil it for ya.
We'd have to define the "so-called right". I'd define them as power-drunken Statists who far more are aligned with the LEFT's worship of Raw Authoritah. The Conservative right are NOT these kinds of people. Don't pretend that isn't true - those in power, no matter what label they apply to themselves are in the business of gaining more power and controlling the population. Yes, of course -- you'll have an occasional conservative blow a fuse and take it out on inconsiderate, disrespectful jack-wagons and anarchist. I don't blame them in those cases, frankly. Guess you've forgotten about Bush's "Free Speech Zones". Dunno what policy that idiot enforced, but I denounce that NWO clown and toolbag. It wasn't, so stop the drama-queen antics. You're starting to sound like a police state shill. Its a legit question/scenario/theoretical. Especially given the recent off-the-ledge insanity of the Left AND frankly, far-end anarchists who claim to be "libertarian". MEMO: Kids have been threatening AND shooting up school "GUN-FREE ZONES". If YOU are in charge of establishing policy, what's YOUR decision, Mr. Superintendent? Or Mr. Chief Of Police. Just react on the fly?? Or..take your chances?
Worth watching?
Oh, is THAT what it wuz? "EMPHASIS"?? Can't confer outrage without launching eff-bombs -- THAT'S what you're saying? That's BS. There's a creative, appropriate way to express outrage. (And Eff-Bombs need NOT be in the headline, and THEN sprinkled in the body of the story. The Left is dumbing down the language.) Now the Left claims ANY excuse for it to be gratuitous about vulgarity in its routine speech, and about portraying itself as "edgy". CUZ IT BE OUTRAGED!! What it IS: CONDITIONING.
The Caine Mutiny? Yep, pretty good WWII flick - Humphrey Bogart, Van Johnson, E.G. Marshall, Lee Marvin. It comes on Turner Classic Movies every now and then. During World War II, the crew of a small insignificant ship in the U.S. Pacific Fleet experience an event unlike any event ever experienced by the United States Navy. A Ship's Captain is removed from command by his Executive Officer in an apparent outright act of mutiny. As the trial of the mutineers unfold, it is learned that the Captain of the ship was mentally unstable, perhaps even insane. The Navy must decide if the Caine Mutiny was a criminal act, or an act of courage to save a ship from destruction at the hands of her Captain.
Oh, of course - what was I thinking? Those on the right are completely pure of heart, soul and speech and would never use naughty words to emphasize a point. President George W. Bush called New York Times reporter Adam Clymer a "major league asshole" over a hot mic, to which vice-presidential nominee Dick Cheney agreed. In 1999, during an interview with Tucker Carlson for Talk Magazine, George W. dropped the F-bomb several times. In 1983, President Reagan got into a shouting match with Canadian Prime Minister Pierre-Elliott Trudeau at a London economic summit. Assailed for not more aggressively promoting détente with the Soviet Union, Reagan pounded the table and shouted, "God Damn it, Pierre."
Looks like the court got this one right.
Come on man... Hyperbole or desperate 35 year old quotes don't help make your case. You DO know the difference between exceptions to the rule of language used by the Right/Conservatives compared to the usual and "ROUTINE" gratuitous use of vulgar, obscene language of the Left, right? A I've suggested, the Left is normalizing profane, vulgar language. (Fully expected since they already normalized vulgar, obscene behavior.) President George W. Bush called New York Times reporter Adam Clymer a "major league asshole" over a hot mic, to which vice-presidential nominee Dick Cheney agreed. In 1999, during an interview with Tucker Carlson for Talk Magazine, George W. dropped the F-bomb several times. Kinda difficult mission for you, wasn't it? An almost 20 year quote. Then a "hot mic"; (which by definition means NOT aware.) This issue that the Left TYPICALLY uses vulgarity in their reporting, their chants and mantra, their so-called "arguments", and in practice of their daily language isn't even debatable to any honest degree. Even at THAT, YOUR examples were personal beefs. NOT typical Leftist hysteria, Leftist "reporting" or typical Dem/Hollywood quotes, is it? In 1983, President Reagan got into a shouting match with Canadian Prime Minister Pierre-Elliott Trudeau at a London economic summit. Assailed for not more aggressively promoting détente with the Soviet Union, Reagan pounded the table and shouted, "God Damn it, Pierre." Wow. 35 years ago The Gipper cut loose. Yeah, THAT'S analogous to the Left publicly tossing out daily F-Bombs like they're Mardi Gras beads.
Never read any of GrandIsland's disgusting posts I assume. He's the poster boy for Trump Nation.
#2. To: Deckard (#0)
#3. To: Deckard (#0)
What seems obvious to everyone was somehow unclear to the vice principal who ordered the searches.
#4. To: Deckard (#0)
However, it does tell administrators searches by school personnel should be as non-intrusive as possible and only when there's a "reasonable" belief contraband might be found.
#5. To: Liberator (#1)
But ISN'T this kind of abuse by LE, this kind of raw authoritarianism exactly the fascist Left's kind of move?
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
#6. To: Liberator (#1)
FIRST OF ALL -- why are vulgar headlines and copy now normalized??
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
#7. To: Liberator (#2)
So...Who WUZ responsible for the missing strawberries?
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
#8. To: Deckard (#5)
(Edited)
Plenty of raw authoritarianism displayed by the so-called right.
"What if the case were about a hidden gun, knife, or mini-WMD by someone who had making threats?"
#9. To: Deckard (#7)
#10. To: Deckard (#6)
(Edited)
Awww, gee Miss Manners - I do so hope that the author didn't offend your delicate sensibilities by using a naughty word for emphasis.
#11. To: Liberator (#9)
Worth watching?
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
#12. To: Liberator (#10)
Now the Left claims ANY excuse for it to be gratuitous about vulgarity
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
#13. To: Deckard (#0)
#14. To: Deckard (#12)
Those on the right are completely pure of heart, soul and speech and would never use naughty words to emphasize a point.
#15. To: Liberator (#14)
This issue that the Left TYPICALLY uses vulgarity in their reporting, their chants and mantra, their so-called "arguments", and in practice of their daily language isn't even debatable to any honest degree.
“Truth is treason in the empire of lies.” - Ron Paul
Trump: My People Should ‘Sit Up in Attention’ Like Kim Jong-un’s Staff.
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