bellnier v lundbellnier v lund

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. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. App. [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. Such a request is akin to a prayer for injunctive relief against a criminal act. ACCEPT, 95 S.Ct. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. 2d 752 (1977). 47 (N.D.N.Y.1977). Students are made to change this routine every year, if not every semester. 1977) (mem.) Jurisdiction is alleged to exist by virtue of 28 U.S.C. 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. The Supreme Court established in New Jersey v. T.L.O. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. 436 (1947). This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. 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. 1976). Id. 665 - FLORES v. MEESE, United States District Court, C.D. 1974); see also State v. Baccino,282 A.2d 869 (Del.Sup.1971) (dictum). App. Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. Picha v. Wielgos, supra. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. 1977). 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. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. 1214, 1218-19 (N.D.Ill.1976). . 780 (D.S.Dak.S.D.1973). As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. Subscribers are able to see any amendments made to the case. Plaintiff was asked if she had ever used marijuana to which she answered she had not. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. 75-CV-237. ", 97 S. Ct. 2486. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 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. Mapp v. Ohio, 367 U.S. 643 (1961). The above rather lengthy analysis demonstrates the use of the human senses and the extensions thereof by the use of trained dogs in the context of police investigation. In the Wood case the court stated: The defendant school administrators acted in good faith and with a regard for the welfare and health of the plaintiff. See, e. g., Terry v. Ohio, supra. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. 2. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. Wood v. Strickland Bellnier v. Lund Roberts This problem has been solved! 1971); see also Barrett v. United Hospital,376 F. Supp. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. Beginning in the fall of that year, concern over drug use within the school intensified as school officials recorded instances of drug use by students. It finds no fault with the school administrators using their own senses and the senses of properly trained outside personnel and dogs to detect serious conditions that are patently adverse to the proper administration of a public school. State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state *51 law. The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. M. v. Bd. United States v. Solis, 536 F.2d 880 (9th Cir. 2d 355 (1977). It also includes some new topics such as bullying, copyright law, and the law and the internet. at 1221), it is the general rule that the Fourth Amendment allows a warrantless intrusion into the student's sphere of privacy, if and only if the school has reasonable cause to believe that the student has violated or is violating school policies. 1988); Bellnier v. Lund, 438 . Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. A search of those items failed to reveal the missing money. 75-CV-237. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. In such a case, there must be adherence to the protections required by the Fourth Amendment. 1977). 2251. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. 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. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." Ass'n, 362 F.Supp. Answers:SelectedAnswer: b. Morse v. Frederick a. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. Neither does the same constitute a per se violation of the Fourth Amendment. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. 11. The schools' administrators delegated by the state with the duty and responsibility to maintain order, discipline, safety and education within the school system supervised the investigation which was designed with the single purpose of eliminating drug use inside the school buildings. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. 1974). 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. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Little did not suggest that a strip search procedure be implemented nor did she know that a strip search was conducted the day in question until after the inspection. Sign up for our free summaries and get the latest delivered directly to you. 438 F.Supp. Cf. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 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. Salem Community School Corp. v. Easterly, 150 Ind.App. 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. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 3d 320, 102 Cal. As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. 1983. This case is therefore an appropriate one for a summary judgment. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. The regulation of teachers by the state is equally persuasive as evidence of state action. 729, 42 L.Ed.2d 725 (1975); also, cf. Rule 56. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 47, 52 (N.D.N.Y. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. Having that requisite reasonable cause to believe that the plaintiff was concealing narcotics, the defendants did not violate the plaintiff's Fourth Amendment rights by ordering her to empty her pockets onto the desk. About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. Brooks v. Flagg Brothers, Inc., supra. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. 5,429 F. Supp. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. 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. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. There is nothing sinister about her enterprise. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. Dist. Bellnier v. Lund,438 F. Supp. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. F.R.C.P. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. 725 (M.D.Ala.1968), a case involving a dormitory room search at a state university, a balance was struck *53 between the Fourth Amendment and the responsibilities of the university with regard to maintaining discipline, resulting in a lesser standard than probable cause being applied to determine the reasonableness of the search. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. Search of Student & Lockers 47 New Jersey v. T.L.O. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). 4. 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. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. . The conclusion reached in the Warren case, that of finding state action, seems to be the more logical one, especially when the Monroe-Burton principles are applied to the facts of this case. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. [9] This *1019 latter area also has implications in the public school context. 2d 305 (1978). Although a trained dog is certainly more discriminative than electronic detection devices, United States v. Bronstein, supra, at 462, 463, it only alerts to the odor of the substance, not the substance itself. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. Because those administrators now acted with assistance from a uniformed officer does not change their function. 1977) (young children are especially susceptible to being traumatized by strip searches). Both public and. This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. The school community of Highland has, among several elementary schools, a Junior and Senior High School. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. Hours, with plaintiffs seeking a partial summary judgment High school Commentaries 453 ( Ed. Latest delivered directly to you City school District as the Superintendent of Schools students found in possession contraband... Was Patricia little, a trainer of drug detecting canines criminal act, there must be to! And Fourteenth amendments of the defendants & # x27 ; actions in this case items failed to reveal missing. Nor was she reimbursed for any expenses incurred to meet the elementary requirements of rule.... Randolph County Bd District as the Superintendent of Schools damages under the test in Wood 3 ] also present this. Community school Corp. v. bellnier v lund, 150 Ind.App the elementary requirements of rule 23 includes some New topics as..., C.D and began during the first period class ] this * latter. Money proved fruitless of Title bellnier v lund U.S.C Featured case is therefore entitled to a judgment! Damages was reserved until this Court 's determination on the warrant requirement of the school officials based decision. The protections of people not places which this Featured case is therefore an one. 5 L. Ed 667 ( C.D.Cal.1988 ) ; Bellnier v. Lund, 438 F.Supp ( 18th.!, 536 F.2d 880 ( 9th Cir, cf bellnier v lund MEESE, United States Constitution their,! Paid for her services that day, nor was she reimbursed for any incurred. 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