Pubdate: Sat, 12 Jul 2008
Page: A-10
Source: Los Angeles Times (CA)
Copyright: 2008 Los Angeles Times
Contact: http://drugsense.org/url/bc7El3Yo
Website: http://www.latimes.com/news/printedition/front/
Details: http://www.mapinc.org/media/248
Author: Maura Dolan
Referenced: The ruling http://drugsense.org/url/SYiKN2It
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/topic/strip+searches

STRIP-SEARCHED GIRL WINS APPEAL

9th Circuit Judges Reinstate Two Other Rulings in the Case of Savana
Redding, 13, Who Was Searched for Ibuprofen at School.

Schools may not strip-search students for drugs based on an unverified
tip, a federal appeals court ruled Friday.

Overturning two other rulings, the U.S. 9th Circuit Court of Appeals
said an assistant principal at an Arizona middle school violated the
constitutional rights of a 13-year-old by ordering her to be
strip-searched. He thought the honor student had prescription-strength
ibuprofen; she did not.

The 6-5 ruling by the San Francisco-based court reinstated a lawsuit
that a divided three-judge circuit panel threw out last year. The
lawsuit was brought by the parents of Savana Redding, who was an
eighth-grader at Safford Middle School in southeastern Arizona when
the assistant principal ordered her out of math class and into his
office to investigate whether she had violated a school policy that
prohibited students from bringing medication   even over-the-counter
medication   to school.

Another student had Savana's school planner and some ibuprofen pills,
school officials had found.

That "frightened" student claimed Savana had given her the pills, the
court said.

Savana denied having done so.

After a search of her pockets and backpack yielded nothing
incriminatory, Kerry Wilson, the assistant principal, ordered his
administrative assistant and a school nurse, both women, to force her
to disrobe.

"The officials had Savana peel off each layer of clothing in turn,"
wrote Judge Kim McLane Wardlaw for the majority.

The girl stood in her bra and underwear while the two officials
searched her clothes. Then she was ordered to partially remove her
bra, exposing her breasts, and finally told to shake out the crotch of
her underwear.

"Hiding her head so that the adults could not see that she was about
to cry, Savana complied and pulled out her underwear, revealing her
pelvic area," Wardlaw wrote. "No ibuprofen was found."

The search was unjustified, the court said, because officials made no
attempt to corroborate the claim by a student who was "cornered" and
"seeking to shift blame from herself."

Forcing Savana to disrobe also was a "disproportionately extreme
measure," the majority said.

"Common sense informs us that 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 have been handled by keeping her in
the principal's office until a parent arrived or simply sending her
home, was excessively intrusive," Wardlaw wrote, joined by Judges
Harry Pregerson, Raymond C. Fisher, Richard A. Paez, Milan D. Smith
Jr. and N. Randy Smith.

The court cited arguments by the National Assn. of Social Workers that
strip searches of children "can result in serious emotional damage,
including the development of, or increase in, oppositional behavior."

"And all this to find prescription-strength ibuprofen," Wardlaw wrote,
noting that one pill has the strength of two over-the-counter Advil
and might be commonly used by young women to treat menstrual cramps.

The ruling said that Assistant Principal Wilson was liable for
monetary damages but that his aide and the school nurse were not
because they were acting under his orders.

Judge Ronald M. Gould, joined by Judge Barry G. Silverman, dissented
on the grounds that all the school officials had governmental immunity
because the law was not clear at the time of the search.

Judge Michael Daly Hawkins, joined by Chief Judge Alex Kozinski and
Judge Carlos T. Bea, dissented on the grounds that the search was
constitutional.

Hawkins wrote: "School officials deserve the greatest latitude when
responding to behavior that threatens the health and safety of
students or teachers ...

"When school officials reasonably believe that a student is carrying a
weapon or harmful drugs, it will rarely be unreasonable for them to do
what they can to neutralize the danger."

Although ibuprofen is mild, "that does not mean it is never harmful,"
Hawkins wrote.

The ruling affects nine states, including California, that are under
the 9th Circuit's jurisdiction.

But California is one of at least seven states that prohibits strip
searches of any student for any reason, the court said.

Adam B. Wolf, a lawyer with the ACLU Foundation, which helped
represent Savana, said the ruling "sends a clear message to school
administrators nationwide that they need to respect certain student
privacy and that they can't take the drastic step of strip-searching a
student based on one uncorroborated tip."

The lawyers for the school district were not available for comment.