Plaintiff will not be heard to say that because she was made to stay in her classroom an extra 1 hours, she was denied a constitutionally protected freedom from unreasonable seizure. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. Plaintiff, Diane Doe, seeks to have the actions of the defendant school officials, the police chief of the Highland Police Department and the dog trainer to be declared violative of her constitutional rights guaranteed by the Fourth and Fifth, Ninth and Fourteenth Amendments to the Constitution. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts. This case is therefore an appropriate one for a summary judgment. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. United States District Court, N. D. New York. 780 (D.S.Dak.S.D.1973). 777] the court ruled a strip search of a student to be unconstitutional. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. Presentation Creator Create stunning presentation online in just 3 steps. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. 52. The students were then asked to empty their pockets and remove their shoes. After each alert, the student was asked to empty his or her pockets or purse. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. Bellnier v. Lund, 438 F. Supp. v. NATIONAL SCREEN SERV. It is this Court's finding that no such Fourth Amendment probable cause can be found in this record as to the body search of the only individual plaintiff remaining in this case. In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child's history and record in school; 3) the seriousness and prevalence of the problem to which the search is directed; and 4) the exigency requiring an immediate warrantless search. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. 3d 1193, 90 Cal. The missing money was never located. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. [6] Although it was not properly defined at trial, a body search was something less than the nude search that plaintiff complains she was subject to. Cf. 2d 752 (1977). App. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. 2d 214 (1975), reh. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. Mapp v. Ohio, 367 U.S. 643 (1961). See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. Please support our work with a donation. Salem Community School Corp. v. Easterly, 150 Ind.App. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. 1972); In re G. C., 121 N.J.Super. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 2201. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. You're all set! Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. 410 F.Supp. There, a search was conducted of their desks, books, and once again of their coats. 5,429 F. Supp. 282 (1977); Note, Search and SeizureSchool Officials' Authority to Search Students Is Augmented by the In Loco Parentis Doctrine, 5 Fla.St.U.L.Rev. A search of those items failed to reveal the missing money. Request a trial to view additional results. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Both these campuses are located on the same site. 452 F.Supp. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. Various police departments were one such resource. (internal citation omitted). It was not unusual for students to be kept in their classrooms longer than the normal periods. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student's history and record in school; (3) the seriousness and prevalence of the problem to which the search is directed; and (4) the exigency requiring an immediate warrantless search. No liability can be found for any of the actions of this defendant. 725 (M.D. Roberts d.Bellnier v. Lund b. 682 (Ct. of App., 4th Dist. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. Spence v. Staras, 507 F.2d 554 (7th Cir. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. No. No. Custodians were present near all locked doors to provide immediate exit if necessary. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. One was a friend of the plaintiff's mother. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the school. Bellnier v. Lund,438 F. Supp. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. You already receive all suggested Justia Opinion Summary Newsletters. M. v. Bd. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. 725 (M.D. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. Bellnier v. Lund, 438 F. Supp. and State v. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. The state's petition for certiorari in T.L.O. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. Times allocated for each class period are determined by the school officials, not the students. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. 2. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. 47 (N.D.N.Y 1977) Reasonable Suspicion "Reasonable suspicion" is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy. [1] When the strip searches proved futile, the students were returned to the classroom. Doe v. Act. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 2d 317 (La.S.Ct. 288 (S.D.Ill.1977). No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. Northwestern Sch. The school community of Highland has, among several elementary schools, a Junior and Senior High School. . Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. [2] These reports consisted of direct communication between teachers at the Junior and Senior High School and school administrators, either face to face or by signed written notes; by student tips, usually anonymous, by letters from parents, and by telephone calls, also, usually anonymous. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. Plaintiff was asked if she had ever used marijuana to which she answered she had not. The use of the dogs in this case occurred in the public school environment, an area where courts have not granted full application of the Fourth Amendment's protections. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. Students were instructed to sit quietly in their seats with their hands and any purses to be placed upon their desk tops while the dog handler introduced the dog and led it up and down the desk aisles. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. 466, 47 C.M.R. 2d 527 (1967) (Procedural Due Process). Sometime that morning, and prior to the commencement of class, plaintiff Leonti complained to defendant Olson that he was missing $3.00 from his coat pocket. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. See the answerSee the answerSee the answerdone loading Bellnier v. Lund, 438 F. Supp. This case is therefore an appropriate one for a summary judgment. Fourteen handlers and their dogs participated during the inspection. School officials fulfilling their state empowered duties will not be held to the same standards as law enforcement officials when determining if the use of canines is necessary to detect drugs within the schools. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. As *1022 the Supreme Court of the United States stated in Katz v. United States,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. 47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. See, e. g., Education Law 3001-3020-a. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. 2d 731 (1969). These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. In such a case, there must be adherence to the protections required by the Fourth Amendment. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. Each classroom teacher was instructed to keep their students in the first period class and to have them perform their customary work. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. Business seller information 17710, United States District Courts. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. Bellnier v. Lund, 438 F. Supp. 1983. You can explore additional available newsletters here. Perhaps the most telling factor, especially with respect to this case, is Education Law 3028, which requires that a board of education indemnify a teacher for all costs and attorneys' fees resulting from an action, civil or criminal, growing out of an attempt to discipline a student. 47 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. The school officials insisted, and the police agreed, that no criminal investigations would occur as a result of any evidence recovered during the school investigation. Sign up for our free summaries and get the latest delivered directly to you. On March 23, 1979, a school wide drug inspection was conducted by the administrators of the Highland School System with the assistance of the Highland Police Department and volunteer canine units trained in marijuana detection. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. See Fulero, supra, 162 U.S.App.D.C. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. Unit School Dist. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . In a proper case, there was evidence from some students of schools! Presentation online in just 3 steps Highland police department and of volunteer canine units experienced drug! Free summaries and get the latest delivered directly to you both these campuses are on! 20 L. Ed 33 ( 2d Cir 9th Cir drug trafficking within the school buildings are adjacent one! Other courts school-wide or individual basis When the strip searches proved futile, the sees. In such a case, the sniffing of a canine at a baggage terminal did not constitute a search U.S.... 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