Pubdate: Tue, 09 Mar 2004
Source: State, The (SC)
Copyright: 2004 The State
Contact:  http://www.thestate.com/
Details: http://www.mapinc.org/media/426
Author: Bruce Smith, Associated Press
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/topics/goose+creek

JUDGE CONSOLIDATES LAWSUITS FROM SCHOOL DRUG RAID

CHARLESTON - U.S. District Judge Michael Duffy consolidated two
federal lawsuits stemming from a Stratford High School drug sweep in
which police with guns drawn ordered students to the floor.

During a conference with attorneys on Monday, Duffy also said he was
referring the case to a federal magistrate for mediation. If the sides
can't reach a settlement, the case would return to Duffy later for a
full trial.

Seventeen Stratford students sued, alleging Goose Creek police and
school officials terrorized them during the Nov 5. raid. A second suit
filed on behalf of 20 other students alleges violations of
constitutional protections against unlawful search and seizure.

No one was arrested and no drugs were found during the
sweep.

Attorneys for both sides said Monday they had no problem trying to
mediate a settlement of the suits.

"There is nothing to be gained by doing anything but mediation," said
Donna Givens, an attorney representing the police department.

Attorney Gregg Myers, representing one group of plaintiffs, said while
some information has been exchanged informally, the plaintiffs still
need copies of videotapes of the raid.

Portions of those tapes were broadcast nationally in the days after
the incident.

Attorney Frederick Jekel said the plaintiffs also do not have the
names of the estimated 105 students in the hallway at the time of the
raid. He said attorneys for the Berkeley County School District told
the plaintiffs there were concerns about the privacy of other students
in providing the tapes.

Duke Highfield, an attorney for the district, said the district still
needs to identify about 40 students on those tapes and doesn't yet
have a complete list of everyone in the hall.

Magistrate Judge Robert Carr can set rules for providing the tapes to
the plaintiffs with safeguards so student privacy is protected, Duffy
said.

He said he hoped an exchange of materials that could allow the
mediation process to start could be complete within about 45 days.
"The form in which it will be done will be up to the magistrate," he
said.

"If all that fails, I'll be back with you at a later date," Duffy told
the 19 attorneys gathered in the courtroom.

The raid drew national attention when portions of the videotape was
televised nationwide. In December, the Rev. Jesse Jackson led hundreds
through nearby North Charleston in protest. 
- ---
MAP posted-by: Larry Seguin