Pubdate: Tue, 19 Dec 2000
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2000 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/interactive/edit.shtml
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Author: Linda Kane, Avalanche-Journal
Related: http://www.mapinc.org/drugnews/v00/n1851/a10.html

PARTIES IN LOCKNEY LAWSUIT ASK JUDGE FOR SUMMARY JUDGMENT

Both sides of a lawsuit involving drug testing students in Lockney have 
asked U.S. District Judge Sam Cummings of Lubbock to rule on the case 
without a jury.

Larry Tannahill, in conjunction with the American Civil Liberties Union, 
sued the Lockney Independent School District for implementing a mandatory 
drug testing policy in February for students in grades 7-12.

Tannahill's son, now a seventh-grader, is the only student who was not 
allowed by his parents to be tested.

In documents filed Friday and made available to the public on Monday, the 
school district claims that a prevalent drug problem in Lockney prompted 
the policy.

In a sworn statement, Supt. Raymond Lusk said, "There were enough rumors, 
enough talk and enough input and even enough kids being detained by police 
and these kind of things that it was a concern to y4 xha wf fflt fajrly 
certain that there was a serious drug problem."

The school district claims that the policy acts as a deterrent to drug use, 
helps ensure the health and safety of the students and helps promote education.

Tannahill and the ACLU disagree, however. Tannahill claims that the drug 
testing policy violates the Fourth Amendment, which protects Americans 
against unreasonable searches and seizures.

It's indicated in the court documents that Lockney has a lower rate of drug 
use than most places in Texas or the nation.

"Before depriving an entire group of the presumption of innocence, some 
evidence should at least point to a drug problem within the group," the 
court documents said.
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